Workers’ Compensation Death Benefits in North Carolina

What to do when a family member dies because of a workers’ compensation injury in NC.

When a workers’ compensation injury leads to the death of a North Carolina worker within six years of the accident, or within two years after a determination of disability, which ever is later, payment of workers’ compensation death benefits may be owed pursuant to North Carolina workers’ compensation laws. Death claims that arise from an occupation disease may also be compensable. Generally, payments are made weekly to the surviving spouse, child or children of the deceased employee. Different rules apply to non-resident aliens.

The amount of the payment is based on two-thirds of the employee’s average weekly wage, just as in other NC workers’ comp cases. Burial expenses of up to $3500 are also paid by the employer or their North Carolina workers’ comp insurance company. With two exceptions, payments continue for 400 weeks. A widow or widower who is disabled at the time of the worker’s death received compensation for life or until remarriage. Compensation payments due a dependent child continue until the child reaches the age of 18.

If a family member or friend has died as a result of a workers’ compensation injury, it is wise to consult with an experienced NC workers’ compensation lawyer. Please contact Kevin Bunn, Attorney at Law, if you are in need of service.