Health Care

How You Can Claim NC Workers’ Compensation Death Benefits As A Family Member

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How You Can Claim NC Workers’ Compensation Death Benefits As A Family Member

Cardinal Law Partners July 14, 2020

It can be devastating to lose a loved one in any circumstance, but especially as a result of an illness or injury on the job. Death benefits may be provided to the families of individuals who have died because of injury or illness that result from their work.  Death benefits are a special type of worker’s compensation that must be addressed and properly handled.

Qualified family members or loved ones are entitled to death benefits under NC workers’ compensation laws. While this is good, it is important that the individuals with the opportunity to receive these death benefits understand how they can acquire them.

Does Your Loved One’s Death Qualify for Benefits?

In order for your family members and loved ones to receive death benefits on your behalf, you must have contracted a work-related illness or sustained a work-related injury. Health complications or work-related injuries as a result of an accident that occurred on the job may also qualify individuals’ families for death benefits.

In some situations, a loved one’s death may not be directly linked to a workplace sickness or injury but have some sort of connection. If a work-related sickness or accident aggravated a pre-existing condition for your loved one that resulted in their death, you may still be eligible for benefits.

Who is Eligible for Death Benefits?

In most cases, the following can receive death benefits:

  • Dependent children under 18 years of age
  • Spouse
  • Other relatives who were dependent on the deceased

Dependency will be determined in each case by a thorough examination according to the laws of North Carolina.

Filing A Claim for Death Benefits

You must file a claim for death benefits within two years of the death of the perished employee. The employer must be notified within 90 days of the death of the worker and should subsequently supply you with the proper paperwork to complete.

Individuals can receive a maximum of 500 weeks of death benefits starting from the date of the death of their loved one. Benefits for minors, however, may be eligible for benefits until 18 years of age.

Some claims may be denied for various reasons. If you feel that you are qualified and entitled to receive death benefits after losing a loved one as a direct result of something that happened due to their job, immediately contact legal representation. An attorney can help ensure that your rights are protected and that you get all that you deserve.

Are You Entitled Death Benefits? Contact Cardinal Law Partners

Cardinal Law Partners has represented workers from all walks of life, positions, and industries in workers’ compensation cases. Knowing your rights under the North Carolina Workers’ Compensation Act is an important step toward taking care of yourself and your family in unfortunate circumstances.

If you have any questions regarding workers’ comp, a claim, your rights, and more, feel free to contact Cardinal Law Partners for a free initial consultation.