Monroe Workers’ Compensation Death Benefits

If you have lost a loved one because of a workplace accident or occupational illness, you may be eligible for Monroe workers’ compensation death benefits. Horton & Mendez, Injury & Car Accident Attorneys, can assist you with the process, answer your questions, and handle your case. Call or message our experienced Monroe workers’ compensation lawyers now.

Workers’ Compensation Death Benefits in Monroe, NC

When a death occurs in the workplace, the family is left wondering where to turn. In 2023, 159 employees suffered fatal workplace injuries in North Carolina. Deaths commonly result from transportation incidents, falls, harmful exposure, and contact with objects and equipment.

Surviving family members may receive death benefits by filing a claim through workers’ compensation. Death benefits provide cash compensation and an amount for burial expenses.

Our experienced and compassionate lawyers are currently welcoming new cases. If you have lost a loved one, we encourage you to contact us for assistance.

Who Qualifies for Workers’ Compensation Death Benefits in NC?

Who qualifies for workers’ comp death benefits in NC depends on who survives the victim. Generally, a surviving spouse and minor children under the age of 18 qualify; however, if there is no spouse or minor child, others who are partially dependent on the victim may receive benefits.

Surviving spouse and minor children—wholly dependent survivors

The surviving spouse and minor children up to the age of 18 always qualify for benefits. Children born after the person’s death, adopted children, and acknowledged children born out of wedlock are all included. Stepchildren are included if they are wholly dependent on the worker’s earnings.

Monroe, NC, workers’ compensation laws refer to these survivors as wholly dependent. Qualifying survivors who are wholly dependent equally share the workers’ compensation death benefit. The law says that qualifying people who are wholly dependent “share and share alike to the exclusion of all other persons” (N.C.G.S. § 97-38(1)).

Partially dependent

If there are no wholly dependent survivors, then partially dependent survivors may claim compensation. They may receive a payment as calculated according to the rules and in proportion to the share that the deceased person contributed to the dependent person’s support.

What Benefits Are Available to Surviving Family Members?

The workers’ compensation death benefit is a cash benefit and includes burial expenses up to $10,000.

How NC Calculates Weekly Death Benefit Payments

Workers’ compensation death benefits are calculated as 66 2/3% of the person’s average weekly wages before injury. For example, if the person earned $1,500 a week, the payment would be calculated as follows:

$1,500 x 66 2/3% = $1,000 per week

Duration of payments

While the general rule is that payments are made for 500 weeks, there are important exceptions. Payments for a minor will end when they turn 18, even if that period is more than 500 weeks. If a spouse is unable to support themselves because of a physical or mental disability that existed at the time of death, they may receive payments for life or until remarriage.

A $30 weekly minimum applies, as does a weekly maximum payment, which is adjusted annually. In 2025, the maximum payment was $1,380.

Filing a Death Benefits Claim After a Workplace Fatality

Filing a death benefits claim after a workplace fatality in Monroe, NC, begins with notifying the employer of the death. You must make the report within 30 days and should report the death in writing or via email.

The employer should use Form 19 to report the death to the North Carolina Industrial Commission. In addition, Form 29 is a supplemental report to identify potential beneficiaries.

Within two years, submit Form 18 to preserve the right to benefits. Use Form 33 to request a hearing to resolve disputes. If the employer or their insurance company denies your case, you can appeal it. An attorney can represent you throughout the process.

Common Challenges in NC Workers’ Compensation Death Claims

Common challenges in NC workers’ compensation death claims include:

Proving that the death is work-related

A workplace accident or occupational disease must be the proximate cause of the workplace death, but it doesn’t have to be the only cause of the death. For example, a person may have a pre-existing condition, but an accident or working conditions may still cause death.

Proving that the person was a dependent

It may be necessary to prove financial dependency. Minor children, widows, and widowers are presumed to be wholly dependent on the deceased person. Others may need to prove their dependency to qualify for benefits.

Proving an exception to the 500-week limit

Exceptions to the 500-week limit may apply for disabled spouses and minor children. A disabled spouse may need to prove that they qualify for an exception.

Death later in time from an accident

A death must occur within six years of the workplace accident or occupational exposure or within two years of the final determination of disability, whichever is later. When the death occurs later in time from the accident, it can be challenging to prove the proximate cause of death.

Combination of SSDI, workers’ compensation, and third-party claims

In addition to workers’ compensation, you may qualify for Social Security survivor benefits. Depending on the cause of the accident, you may also qualify to bring a third-party wrongful death claim. Having multiple types of claims can be beneficial, but the process can be more challenging.

Workers’ compensation and SSDI

Receiving workers’ compensation death benefits shouldn’t stop you from receiving SSDI survivor’s benefits, if you qualify. There is an offset rule; however, if the combined total payments exceed 80% of the pre-injury earnings, the SSDI amount will be reduced.

What Evidence Helps Prove Death Benefit Eligibility

Evidence to help prove death benefit eligibility may include the following:

• Information about the accident or occupational exposure
• Records of the cause of death, death certificate
• Medical history to refute claims of other causes of death
• Earnings records, employee status records
• Information to prove eligibility as a dependent
• Burial expense information

As part of our representation, our lawyers can evaluate the evidence you need and build your claim.

Why Families Turn to a Monroe Workers’ Compensation Lawyer

When you lose a loved one, contact our Monroe workers’ compensation lawyers. We understand the legal steps to pursue your case and help survivors claim workers’ compensation death benefits. See how Horton & Mendez, Injury & Car Accident Attorneys can assist you by contacting us today.