North Carolina Workers Compensation Death Benefit Attorney | Employment Related Death Lawyer
October 30, 2012
North Carolina’s workers compensation procedure provides a formalized recovery system if your family member was injured while on the job. Initially, for there to be any right to the statutorily defined death benefits, the worker must have died within 6 years of the date of accident, or 2 years from the date of final determination of disability. Because there is no need to prove negligence, the system can be quicker than recovery under a civil tort claim.
The compensation recoverable first includes $3,500.00 for reasonable burial expenses. More importantly, it permits the beneficiaries to recover 2/3 (66.6%) of the employee’s average weekly wage for at least 400 weeks. For family members completely dependent upon the employee, the period of compensation can be much longer. In particular, dependent children can be entitled to share in the compensation until they reach the age of 18 and spouses can share until their own death.
Another important consideration when you have lost a loved one due to an employment-related injury is whether his or her death was caused by a negligent third party. If, for example, your family member was killed due to the negligence of a property owner whose premises he was visiting in the course and scope of his employment, the estate may be able to pursue an additional wrongful death claim against the property owner through the normal court system. The damages recoverable in such an action are not as limited as those available through comp. for example, the estate can recover for any physical and mental pain and suffering your loved one experienced as a result of the injury causing death.
To recover fair compensation for the loss of your loved one, contact a knowledgeable workers’ compensation attorney, as any number of issues can affect whether your claim will be admitted or denied, and what will be offered in settlement. The Raleigh workers comp lawyers of Maginnis Law can assist you with your claim. Our firm offers free consultations and contingency fee arrangements, such that you pay no attorneys’ fees until we recover compensation on your behalf.
To discuss your workers compensation death benefit claim, contact attorney Shawn Howard with Maginnis Law at 919.480.8526. Our firm regularly represents clients throughout North Carolina, including Raleigh, Durham, Apex, Garner, Holly Springs, Sanford, Fayetteville, Greenville, Cary, and Greensboro. You may send a confidential email inquiry using our contact page.