Jacksonville workers’ compensation death benefits include wage replacement and burial allowance. People who are wholly dependent on the deceased have priority in receiving benefits. The amount payable is two-thirds of the deceased worker’s average weekly wage, subject to minimum and maximum amounts.
Wage Replacement
Survivors may receive the following:
- 66 2/3% average weekly wages
- Up to statutory maximum ($1,380 in 2025)
- Minimum of $30 per week
- Payments made for 500 weeks from the date of death, unless an exception for a dependent spouse or child applies
Compensation to survivors begins after the last payment made for injury before death.
The spouse and children are conclusively presumed to be dependent and qualify for benefits for the full period.
Burial Allowance
A burial expense of up to $10,000 is payable as a Jacksonville workers’ compensation death benefit.
You may submit a funeral bill or stipulate with the employer for payment of a funeral benefit.
Who Receives Benefits
Wholly dependent individuals
- People wholly dependent on earnings
- Shared equally (“share alike”)
- If there are entirely dependent people, no one else receives benefits
If only one person is wholly dependent on the earnings of the deceased person, they receive the entire amount.
Partially dependent individuals
If there is no one wholly dependent:
- People who are partially dependent on earnings receive benefits.
- Shares awarded to each partial dependent are proportional to the extent of dependency on earnings.
- If all partial dependents are next of kin (G.S. § 97-40), they may elect a lump sum award, awarded in equal shares, instead of proportional payments.
If there are wholly dependent individuals, partially dependent individuals are not awarded benefits.
No dependents
If the deceased employee had no full or partial dependents, the next of kin would receive the amount payable as a lump sum. Next of kin may include an only child, parents, or siblings. A person counts as a child or sibling even if they are an adult.
When there are no dependents or next of kin, only burial expenses up to $10,000, are paid.
Spouse
Benefits may continue for 500 weeks even if the recipient remarries.
If a surviving spouse is unable to support themselves because of physical or mental disability, payments may continue for a lifetime or until remarriage. The disability must have existed on the date of death.
In the event of the death of a spouse, benefits are transferred to the surviving children.
Children
- Children may receive benefits beyond 500 weeks if they are still under 18.
- There is no exception to extending benefits past 18 for a disabled child or for a child who is attending school.
- A child includes adopted children, a child born after death, illegitimate children, children born of marriage, and stepchildren.
- Benefits due to a minor are paid to the parent or guardian for the benefit of the minor, while in custody of the adult.
- When a beneficiary turns 18, the remaining benefits are paid to them directly.
Determination of Dependency
A spouse or child is presumed to be wholly dependent (§ 97-39). In all other cases, dependency is a fact question. Dependency is determined at the time of the accident and must have existed for three months or more before the accident.
Qualifying for Benefits
To qualify for workers’ comp death benefits in Jacksonville, NC, the death must have occurred within:
- Six years of occupational injury or disease
- Two years of final determination of disability
Death must have resulted from an injury or occupational disease that is compensable under NC workers’ compensation.
Distribution of Benefits
- Beneficiaries who are not residents of the United States are generally treated the same as residents. However, dependents residing in any country besides Canada only qualify if they are a spouse or child or, if neither of those exist, the father or mother.
- If benefits are distributed to the next of kin, the priority is according to intestate succession.
- If a parent willfully failed to care for a child, they are excluded from receiving benefits as a next of kin.
How To Get Benefits
To receive workers comp death benefits in Jacksonville, NC, file Form 18 – Notice of Accident to Employer and Claim of Employee Representative or Dependent. Submit the form to the North Carolina Industrial Commission (NCIC).
The form provides the basic information to complete the claim, including employee and employer identification and contact information. In addition, you’ll report that the injuries were fatal.
When to report
Notify the employer, in writing, of the death as soon as possible but within 30 days.
Then, file Form 18 within two years.
Note: The employer must report a death to the NCIC using Form 19. This does not count as your claim for benefits.
How to report
Mail Form 18 to:
NCIC Claims Administration, 1235 Mail Service Center, Raleigh, NC 27699-1235
Supporting documents
You must provide proof of beneficiary status, such as a birth certificate or marriage license.
Issues in Jacksonville Workers’ Compensation Death Benefits
- Proving the person qualifies for benefits
- Determining who qualifies as a full or partial dependent
- Awarding proportional shares to partial dependents
- Understanding changes in qualified recipients over time
- Determining the average weekly wage
- Contesting whether the death was work-related
- Fighting a refusal to pay benefits because of an alleged disqualifying reason
For any disputes, an employer or claimant may file Form 33 to request an NCIC hearing.
Benefits accepted
If the employer accepts liability for benefits, they work with the beneficiaries to complete Form 30. The document is an Agreement for Compensation for Death. Supporting documents are required, including a death certificate, affidavits regarding dependency, a stipulation of average weekly wage, and a statement of award of attorney fees.
Benefits denied
If the employer denies compensation, you may request a hearing. A representative of the NCIC can hear evidence and rule on contested issues. Use Form 33 – Request that Claim be Assigned for Hearing.
Talk to an Attorney for Workers’ Comp Death Benefits
If you have lost a loved one, we are sorry. We invite you to talk to an attorney at Horton & Mendez Injury Attorneys. See how we can help you pursue workers’ compensation death benefits in Jacksonville, NC. Call or message us now.
