North Carolina Workers’ Compensation Death Benefit Attorney

Losing a loved one in a work-related accident can rock your world upside down. Not only will you have to deal with the emotional pain of losing a beloved family member, but you may also be left with financial losses you are unsure how to handle. Fortunately, our North Carolina workers’ compensation death benefit attorneys can help. Tien Law Firm can help you seek the money you need. Request a free case review to learn more about the many forms of death benefits available.

What are Workers’ Compensation Death Benefits?

Workers’ compensation death benefits provide financial assistance to the relatives of employees who died in an on-the-job accident or contracted an illness as a result of exposure to workplace circumstances. Death payments are provided for fatalities that occur during or immediately following a job accident. They also apply to deaths that occur months or years later but are nevertheless caused by work-related illness or injuries.

The North Carolina Workers’ Compensation Act provides that the following parties may be eligible for death benefits:

  • Persons who are completely dependent on the decedent
  • The decedent’s partial dependents

Let us briefly discuss the parties stated above.

Individuals Wholly Dependent on the Decedent

Individuals who were completely financially reliant on the decedent may be eligible for death payments. Some of these parties may include:

  • The deceased’s surviving spouse
  • The decedent’s financially dependent partner, regardless of marriage.
  • The deceased’s same-sex partner
  • The deceased’s minor children

    Minor children can generally continue to receive death benefits until they reach the age of 18; however, the amount will be reduced if the child reaches the age of 18 before the 500-week maximum is reached. If there are several children, the death benefits will be distributed equally and adjusted proportionately.

Furthermore, only children that the decedent has previously acknowledged are eligible for death payments. If you have any questions or concerns about whether you or someone you love was considered entirely reliant on the decedent, please discuss them with your death benefits attorney.

Decedent’s Partial Dependents

If the dead has no fully dependent surviving family members, the decedent’s partial dependents may be eligible for death payments. This might include almost anyone who was dependent on the decedent before their death. This could include siblings, parents, grandparents, cousins, and other family members.

The Deceased’s Next of Kin

When the decedent has no full or partial dependents, the death benefits are payable to the decedent’s next of kin. If the dead did not leave a will, the North Carolina Workers’ Compensation Act identifies them using the state’s intestate succession provisions. The next of kin receiving death benefits can get them in one lump sum payment, regardless of inflation rates.

If the dead had no complete or partial dependents or next of kin, the insurance company is not required to pay out death benefits in a no-fault workers’ compensation claim.
The deceased’s next of kin

You Have Limited Time to Seek Death Benefits

The North Carolina Workers’ Compensation Act allows your family up to two years from the date of the decedent’s death to file a claim for death payments. It is critical to file your claim for benefits within two years. Contact Tien Law Firm immediately to speak with our skilled and compassionate workers’ compensation death benefit attorney in North Carolina.

Types of Death Benefits in North Carolina Workers’ Compensation Claims

The death benefits that surviving family members are entitled to following a fatal job injury in North Carolina are typically awarded to the decedent’s surviving spouse, children, and dependents. Workers’ compensation death payouts often include the following:

  • Wage Replacement Benefits
  • Funeral and Burial expenditures
  • Complete coverage for the decedent’s medical expenditures.
  • Wage Replacement Benefits:
  • Wage replacement benefits outline the financial assistance your family may receive after losing a loved one in an on-the-job accident. These benefits typically account for roughly two-thirds of the decedent’s average weekly salary.

Typically, these benefits can be paid for a total of 500 weeks. However, if the surviving spouse remarries before the 500-week mark, this time frame may be reduced.

Funeral and Burial Expenses

According to the North Carolina Workers’ Compensation Act, your insurance company will pay up to $10,000 for your loved one’s funeral and burial expenses. Remember to keep copies of your invoices, receipts, and other out-of-pocket expenses so you may submit them to the insurance company with your death benefit claim.

In addition, you may be entitled to obtain compensation for the costs of moving your loved one’s body following the workplace accident. However, this is a distinct expense from the funeral and burial. This means that the expense should not be deducted from your family’s $10,000 benefit allotment. Your death benefits attorney at Tien Law Firm will obtain written paperwork so that you can be reimbursed separately for these expenses.

Decedent’s Medical Expenses

The decedent’s workers’ compensation insurance provider will be responsible for covering any medical expenses associated with their injury. This may include:

  • Emergency Room Bills
  • Ambulance costs
  • Medical expenditures
  • Diagnostic imaging fees
  • The expense of hospitalization
  • End-of-Life Care

    Common Causes of Fatal Work Accidents

    Fatal workplace accidents can take many forms. It doesn’t matter what industry your family member worked in. It is probable that they will get serious occupational illnesses or sustain traumatic injuries at work. Some of the most common workplace incidents that result in fatalities include:

  • Construction accidents
  • Warehouse accidents
  • Exposure to harmful substances
  • Crushing accidents
  • Being hit by falling things
  • Factory accidents
  • Automobile accidents
  • Slips, Trips, and Falls
  • Oil field accidents
  • Rail accidents
  • Manufacturing accidentsThese are just a few examples of mishaps that could have devastating consequences. If your family member was killed in an on-the-job accident, Tien Law Firm can assist. Our North Carolina workers’ compensation death benefits attorney will help you determine if you are eligible for financial assistance.

Common Reasons for Denial of Death Benefits

Don’t be shocked if the insurance company tries to deny you access to the death benefits your family may be entitled to. Insurance firms incur losses whenever they settle death benefit claims. However, your family should not have to cope with that during this difficult time in your lives.

The insurance company may argue that the decedent’s employer did not have adequate insurance coverage, that you made an error on your benefits application, or that you do not fulfill the eligibility conditions. Whatever the reason, our North Carolina death benefits lawyers will hold the insurance company accountable for its financial commitments, allowing your family to mourn your loss without financial stress.

What to Do if Your NC Workers’ Compensation Death Benefits Claim Is Denied

When your workers’ compensation claim in North Carolina is refused, contact our death benefits lawyers to review the insurance company’s arguments. That way, our attorneys can address them and perhaps obtain a rejection or return.

If the insurance company continues to refuse you the benefits you deserve, we will file a formal appeal with the North Carolina Industrial Commission.

Other Methods to Demand Justice for the Loss of Your Loved One

Despite receiving death benefits, many families continue to struggle financially. Fortunately, if your loved one died as a result of someone else’s negligent or irresponsible behavior, your family may be able to file a third-party wrongful death claim. Here, you may ensure that the person or entity who caused your loved one’s death is held accountable to the maximum extent of the law.

Although you may not be able to submit a claim against your loved one’s employment when receiving death benefits, you may be able to hold other liable parties accountable for their acts. Some instances of recoverable damages in third-party wrongful death cases include:

  • Loss of the decedent’s affection and support
  • Loss of the decedent’s support and counsel
  • Loss of the deceased’s financial contributions
  • The decedent’s pain and suffering prior to death
  • Prior to their death, the decedent experienced emotional distress.
  • Loss of the deceased’s friendship, wisdom, and advise
  • Punitive damages may also be available in third-party wrongful death lawsuits if the civil court system determines that the defendant’s actions were willful, malicious, or purposeful. If they decide it is necessary to punish the defendant for their actions and to convey a message that similar conduct will not be permitted, they may award punitive damages to your family in addition to compensatory damages.

Why Choose Tien Law Firm to Handle Your Death Benefits Claim?

Our empathetic workers’ compensation attorney understands how devastating it is for any family to lose a loved one. We have seen the aftermath of these catastrophes firsthand. The emotional path that people must go through following such a tragedy is deeply personal and can be draining. Securing death benefits through workers’ compensation can help compensate for lost wages. This is especially significant when children and others rely on a breadwinner who has been gone. For more than a decade, we have focused on fighting for the rights of the injured and their families, and we are passionate about wanting to help our clients.

How Much Does It Cost to Hire a Death Benefits Lawyer in North Carolina?

When you have lost a beloved family member in an on-the-job accident, finding out how you will afford to employ an attorney should be the least of your worries. That is why our death benefits lawyers never charge a retainer or compel you to pay any charges when pursuing your no-fault workers’ compensation claim. Instead, we work for you on a contingency basis.

A contingency fee means that attorney fees will be taken from the amount you get from the insurance company for your death benefits. It also means that if your claim for death benefits is ultimately denied, you will not have to pay for our services.

This makes it a risk-free way for you to hold the insurance company accountable for their financial responsibilities while also accessing the death benefit to which your family is entitled.

Finding the Best Workers’ Comp Death Benefit Lawyer for You

We realize how painful and confused this period in your life may be. Our NC workers’ compensation death benefits lawyer at Tien Law Firm is ready to assist you during this terrible time. If you have any more queries, please contact our legal team for a free consultation.