Apex workers’ compensation death benefits pay a minimum of $30 per week up to a maximum of $1,380 per week.
Benefits are payable first to the surviving spouse and minor children who are presumed to be wholly dependent on the deceased person’s income.
You may have help to claim your benefits from an Apex workers’ compensation death benefit lawyer. Horton & Mendez Injury Attorneys is currently taking new cases.
Understanding Workers’ Comp Death Benefits in Apex, NC
- When a person dies because of a workplace accident or occupational illness, surviving family members may receive workers’ compensation death benefits.
- Burial expenses may be paid up to a maximum amount.
- To receive benefits, you must pursue a claim.
- Start by telling the employer about the death. Do this as soon as possible, but always within 30 days. Then, file Form 18—Notice of Accident to Employer within two years of the date of death.
- You must prove your case. The employer may deny the claim, or there may be disputed issues. You may take your case to a hearing.
- A lawyer can represent you in a claim for Apex workers’ compensation death benefits.
To talk to an Apex, NC, lawyer about your case, contact Horton & Mendez Injury Attorneys.
Eligibility
Benefits may be paid when a death occurs because of an accident or occupational injury. The death must occur within six years of injury or disease or two years of the final determination of disability.
Benefits are payable to eligible persons or may be paid towards burial expenses, up to a maximum amount.
Who Receives Benefits
Workers’ compensation death benefits are paid to beneficiaries in order of priority.
1st priority—People wholly dependent on the earnings of the deceased. The surviving spouse and minor children are presumed to be wholly dependent.
2nd priority—If no person is wholly dependent, benefits may be shared among people who are partially dependent on the earnings of the deceased.
3rd priority—If there are no dependents, the next of kin may collect death benefits.
4th priority—If there are no next of kin, only burial expenses are payable.
Qualifying as a child
Children born after the worker’s death, adopted children, stepchildren, and children born out of wedlock count as children.
Age of child
For Apex workers’ compensation death benefits, a child is someone under 18 at the time of death. If a child is over 18, they may still qualify for benefits as an adult child.
Types of Benefits
There are two types of workers’ compensation death benefits payable in Apex, NC.
Cash benefits—A cash award made to beneficiaries, either weekly or lump sum.
Burial expenses—Payable for the deceased person’s burial costs.
Benefit Amounts
Benefits are payable at a rate of 66 2/3% of the person’s average weekly wage up to a maximum amount. There is also a minimum amount payable of $30 per week.
Payments are due for 500 weeks from the date of death. However, if a widow or widower is unable to support themselves because of a physical or mental disability, benefits are payable for a lifetime or until remarriage. The disability must have existed as of the date of death.
Compensation due to a dependent child continues until the child reaches 18.
Burial expenses are payable up to $10,000.
If weekly payments were made before death, compensation to dependents begins from the date of the last payment.
Share of Benefits
If there is at least one wholly dependent beneficiary, they receive the entire amount. If there are multiple people who are wholly dependent, they split the payments equally. In that case, partial dependents get nothing.
When benefits are payable to partial dependents, payments are made in proportion to the share of income contributed by the deceased person to their support. Partial dependents may, as a group, elect to receive the commuted value of the amount paid to whole dependents, to share equally. A guardian may make the election for minors.
Claim Filing
Start a claim for workers’ compensation death benefits in Apex by notifying the employer of the death. The employer files a form to begin the process. The employer or their claims administrator must investigate and identify potential beneficiaries.
The employer may dispute liability for a claim and may do so by filing Form 61—Denial of Workers’ Compensation Claim. They must send the form to potential beneficiaries. You can ask for a hearing.
If the claim is accepted and there are no disputed issues, Form 30—Agreement for Compensation for Death finalizes payment.
If there are disputed issues, any interested party may file Form 33 to request that the claim be assigned for hearing.
Apex, NC Workers’ Compensation Fatality Claims
If the employee works in Apex, NC, and that is also where the death occurs, North Carolina law will apply to the claim. If the employee works in Apex, NC, but was traveling at the time of injury or death, or if they were visiting Apex, NC, contact a lawyer to discuss how to proceed.
Disputed Issues
- If the claim is payable as a workplace accident or occupational disease
- The amount of the person’s average weekly wage
- Whether a person claiming dependency was dependent for at least three months before the death occurred
- Who is wholly dependent, who is partially dependent, and how benefits should be divided
- Benefits payable for burial expenses
- Who qualifies for benefits when compensation is payable to an alien who is not a resident, under § 97-38(3)
- Management for a minor or incompetent person
- If a waiver applies because a widow or widower is disabled
- Whether to elect the commuted value
Help from a Lawyer
Receiving the benefits that you deserve can be a relief following the death of a loved one. Too often, employers don’t pay the benefits that survivors deserve, but a lawyer can help.
At Horton & Mendez Injury Attorneys, we advocate for you. We know the insurance company playbook, and we’ll aggressively pursue your benefits.
Talk to a Lawyer
Talk to a lawyer for Apex workers’ compensation death benefits. Contact Horton & Mendez Injury Attorneys today.
