Call : 704-594-4317
Call : 704-594-4317
A workplace accident or occupational disease leading to a family member’s death can prompt urgent financial questions alongside the grief. A Charlotte workers’ compensation death benefits lawyer can help explain North Carolina workers’ compensation death benefits, who can receive them, and how they are calculated if your loved one has passed away due to a workplace injury.
At Ayers, Ayers & Dressler, we know how difficult it can be when someone suffers a serious injury or disabling condition. We represent injured workers and families throughout North Carolina who need help understanding their legal rights and options.
Our lawyers know how workers’ compensation laws and administrative procedures affect employees and their families. We know families who seek death benefits may be struggling with lost income, funeral expenses, and learning about a complex claims process.
704-594-4317Call Now
In addition to being caused by a workplace injury or occupational disease, death must occur within a certain time frame to qualify for benefits. Under § 97-38, the death must occur within six years of the injury or occupational disease or two years from the date of the last finding of disability, whichever is later.
This does not necessarily mean that your loved one has to die within a certain timeframe in order for the surviving members to receive benefits. Suppose an employee is injured at work and receives several months of medical treatment before ultimately passing away due to complications from the injuries. In that case, the connection between the workplace accident and the death remains significant.
The North Carolina Industrial Commission oversees workers’ compensation death benefit claims through its administration of the North Carolina Workers’ Compensation Act.
Charlotte’s economy includes a range of industries, such as construction, transportation, warehousing, manufacturing, health care, and finance. Jobs along Interstate 77, Interstate 85, Interstate 485, and US Route 74 also allow for commercial and transportation businesses to exist throughout Mecklenburg County. There are many ways that a fatal workplace accident can occur. Some examples include:
Ultimately, the key consideration is typically whether the death was a direct consequence of a workplace incident or occupational illness eligible for workers’ compensation.
Weekly workers’ compensation death benefits are usually 66 2/3% of the deceased employee’s average weekly wage. These are subject to the highest compensation amount under the claim. Benefits are payable for a set period of time. Death benefits are payable for a total of 500 weeks from the date of death. However, certain beneficiaries may qualify for death benefits beyond 500 weeks.
For example, if the deceased employee leaves behind a child who has not reached the age of 18, benefit payments can continue until the child reaches adulthood even if this exceeds the 500-week limit. Furthermore, if the employee who passed away was married and had a spouse unable to work due to physical or mental limitations at the time of their death, further benefits might still be available.
Determining the deceased employee’s average weekly wage can become an important issue in the claim. Benefits for overtime, bonuses, and any other earnings may need to be factored into the equation.
Workers’ compensation death benefits are distributed regardless of what the deceased employee’s will states. Instead, the North Carolina Workers’ Compensation Act establishes guidelines for surviving beneficiaries.
NC Gen. Stat. § 97-39 says that the deceased employee’s spouse and children are presumed to be dependent on the employee. When more than one person qualifies, they may be entitled to receive a proportion of the compensation. However, other relatives may need to prove their dependency. Partial and full dependency can affect whether an individual qualifies and how much compensation they can receive.
NC Gen. Stat. § 97-40 discusses how next of kin may qualify if no full or partial dependents exist. The term “next of kin” as used in this section covers the deceased employee’s children, mother, father, siblings, and other dependents. When the deceased was unmarried, supported extended family, or had adult children, determining who should receive death benefits can become a central issue.
Death benefits do more than provide lost income to eligible surviving family members. North Carolina allows for funeral and burial expenses to be reimbursed as part of a workers’ compensation death claim.
Employers are obligated to provide surviving dependents of an employee with a burial allowance that can reach $10,000. The Industrial Commission clarifies that this amount goes to the funeral home or person who paid the expenses and represents payment for actual burial costs. Be sure to keep records of funeral expenses. Having invoices, receipts, proof of payment, and other documents can help demonstrate the actual amount paid.
Families often mistakenly think they can only pursue a single claim following a work-related death, given that workers’ compensation generally prohibits employees from filing a claim against their employer. However, if a third party contributed to the fatal accident, there could be separate liability.
For instance, imagine a delivery driver died on the job after another motorist caused a collision along I-85. Not only would the worker’s survivors be eligible for workers’ comp death benefits, but they could potentially file a third-party claim against the driver who caused the crash. Equipment manufacturers, subcontractors, property owners, and other businesses could also be third parties, depending on the circumstances of the accident.
Workers’ compensation and third-party claims are governed by different laws, and recoveries from one could impact the other. Just because one claim exists doesn’t mean a different kind of recovery is automatically available.
When you hire a workers’ compensation death benefits lawyer in Charlotte, they can help families complete the tasks associated with their claims. Your lawyer can review the employee’s work records and medical history to confirm the death is compensable under North Carolina law. Your Charlotte workers’ compensation death benefits attorney can then calculate the decedent’s average weekly wage, identify potential beneficiaries, and gather dependency evidence.
If necessary, your lawyer can file documents with the Industrial Commission and resolve challenges regarding the cause of death. Should the insurer deny the claim, your lawyer can gather evidence in support of mediation or a hearing before the Industrial Commission. If another party bears responsibility for the accident, your attorney can determine if there is a third-party claim and explain how that claim may impact your workers’ compensation recovery.
Beneficiaries usually do not have to pay federal income tax on workers’ compensation death benefits. This may allow you to keep the entire amount of your weekly benefit payment instead of having taxes withheld. Your tax circumstances could grow more complicated, though, if your household is also receiving Social Security survivor benefits, life insurance proceeds, or funds from another source.
Unlike some other types of benefits in Charlotte, workers’ compensation death benefits do not typically come as a lump sum. Instead, payments are made on a weekly basis. Still, it may be possible to settle the claim by negotiating a resolution of future payment obligations for a lump sum amount. Any settlement would be subject to the commission’s approval.
Most employers in Charlotte are required to carry workers’ compensation insurance if they employ three or more workers. There are certain exceptions to this requirement. When an employer that is required to carry coverage fails to obtain it, injured workers and their families may still have legal recourse through a hearing with the North Carolina Industrial Commission.
An employer that illegally fails to carry workers’ compensation insurance can also face financial penalties and even criminal charges.
If your loved one suffered from a preexisting medical condition in Charlotte, you may generally still be eligible for workers’ compensation death benefits. However, the cause of death must be related to a workplace injury or occupational disease. Preexisting conditions like heart disease or respiratory problems can cause complex causation issues. However, medical records can help shed light on the cause of the injury.
At Ayers, Ayers & Dressler, we understand how impactful a family death can be when a loved one passes away due to workplace injury. We can help you advocate for benefits while you focus on your family. Contact us today for a free consultation.
No one should have to worry about their financial security after a lifetime of contributing to Social
Security because of a disabling injury or condition.
Fields Marked With An ” *” Are Required
Copyright © 2026 - Ayers, Ayers & Dressler. All Rights Reserved.
Disclaimer |
Site Map |
Privacy Policy. Digital Marketing By:
*Images are obtained under license from Canva and other third-party stock image providers, with attribution included where required.
