Workers’ comp death benefits in Gastonia, NC, include replacement income for 500 weeks or more and final expenses. Family members must file a claim to receive compensation. The law creates priorities for which family members receive benefits, beginning with those wholly dependent on the deceased person’s income.
What To Know About Workers’ Compensation Death Benefit Claims in Gastonia
- When a workplace injury or occupational disease results in death, family members may receive workers’ compensation benefits.
- Benefits may provide replacement income and compensation for final expenses and medical bills.
- Survivors must claim benefits.
- Timelines are very important, and there are strict deadlines.
- Even when the claim involves a death, the employer and the insurance company may still contest benefits. This can be frustrating for grieving family members who need financial help.
- A lawyer can assist you and represent you through the entire claims process.
- Gastonia workers’ comp death benefit claims follow North Carolina Industrial Commission laws and procedures.
At Horton & Mendez Injury Attorneys, we help families who have lost a loved one. If you have lost a family member because of a workplace injury or occupational disease, our lawyers want to make sure you receive all the benefits you deserve. We can take care of the process while you take time for your family.
What Are Workers’ Compensation Death Benefits in Gastonia, NC?
Workers’ compensation death benefits in Gastonia, NC, are monetary benefits paid to qualified survivors when a workplace injury or occupational disease results in death.
Benefits are paid without regard to fault. They are an insurance-based compensation system to provide no-fault benefits due to a work-related fatality.
Who Is Eligible To Receive Workers’ Compensation Death Benefits?
- Wholly dependent—If there are people fully dependent on the person’s earnings, no one else receives benefits.
- Partially dependent—If no one is fully dependent, then people partially dependent receive benefits.
- Next of kin—If there are no dependents, next of kin may receive the benefits. The funds are payable to a guardian if the recipient is an infant.
Our Gastonia lawyers can help you determine if you qualify and how benefits may be distributed in your case.
How Much Can Families Receive in Death Benefits?
Death benefits are 66 2/3% of the deceased person’s average weekly wage at the time of the accident, subject to minimum and maximum amounts. This benefit continues for 500 weeks and is extended in some circumstances. Burial expenses up to $10,000 are also paid.
Widow or widower unable to support
If the surviving spouse is unable to support themselves, payments shall continue for life or until remarriage.
Dependent children
Payments to a dependent child continue until age 18.
Medical care before death
The injured person may have had some medical-related expenses before death. Workers’ compensation should cover medical treatment related to a workplace injury or illness before death, including emergency response.
Payments before death
If the deceased person received injury compensation before death, dependent compensation starts from the last payment.
Note: The rules vary considerably from state to state. These are the death benefits available in Gastonia, NC.
Common Challenges in Securing Workers’ Compensation Death Benefits
- The employer can challenge whether the death was the result of a workplace injury or disease. N.C.G.S. § 97-38 explains the timeframe of within six years of injury or disease or two years of final disability. However, the employer may still challenge whether the death was work-related.
- Questions of whether someone is wholly dependent or partially dependent. The question may impact who qualifies for a share of benefits. There may be questions about who has a qualifying family relationship.
- Documenting expenses and the right to compensation.
- Procedural challenges in pursuing the claim, including filing paperwork and requesting a hearing.
- The insurance company raising issues of pre-existing conditions.
- The insurance company saying that the injury did not occur at work.
- The insurance company saying that the deceased did something to disqualify themselves from benefits, such as intoxication on the job or intentional harm.
- The insurance company resisting paying benefits or not cooperating in hopes that the family will give up.
Issues may also arise as to whether a dependent has the right to continued benefits after 500 weeks.
Why You Should Consult a Gastonia Workers’ Compensation Lawyer for Death Benefit Claims
Many issues may arise in any workers’ compensation death benefit claim, but you can have a lawyer help you with these issues.
A lawyer can help you identify what may be most important, as there may be things you don’t realize are critical to the case. A lawyer can help you spot the issues, build the evidence, and pursue your compensation.
Throughout the case, your lawyer provides advice and legal counsel.
Losing a loved one is difficult, and handling a legal process can seem overwhelming.
Your lawyer takes care of the necessary steps to claim your benefits. With our lawyers, you have experienced representatives and guides to handle your workers’ compensation death benefit claim.
Why Choose Horton & Mendez Injury Attorneys
We know how insurance companies think. That’s because we used to work for them.
When you know the insurance company’s playbook, you can advocate effectively for your client. Our attorneys bring this knowledge to your case.
Our attorneys are experienced in workers’ compensation claims in Gastonia. When you understand the process, you can determine the next right move. We customize our representation to your situation, and our team always takes the time to answer your questions and explain what to expect.
Come meet our team. Start with a free case evaluation. We’re available 24/7.
Consultation with a Gastonia Workers’ Compensation Death Benefit Lawyer
If you have lost a loved one because of a workplace injury, we are sorry. We invite you to have a consultation with a Gastonia workers’ compensation death benefit lawyer.
Our law firm is taking new cases now. Horton & Mendez Injury Attorneys can represent your interests. Call or message us now.
