Workers Compensation Death Benefits Attorney In Charlotte, NC
North Carolina has some of the most employee-friendly workers’ compensation laws in the country, and injured workers have the right to claim benefits through their employers when they are hurt on the job. However, when an employee dies in a workplace accident, their family will need to consult a Charlotte workers’ compensation death benefits lawyer to navigate the difficult legal proceedings that are likely to follow this tragic event.
Compassionate Counsel for Workers’ Compensation Death Benefits Claims in Charlotte, NC
Our dedicated workers’ compensation lawyers in Charlotte evaluate complex claims for surviving family members pursuing financial relief. The attorneys at Butler, Quinn & Hochman, PLLC have years of proven experience helping injured workers in Charlotte and surrounding communities of North Carolina with their workers’ compensation cases, and we have successfully recovered many substantial settlements for injured workers statewide. We have also assisted families seeking death benefits after loved ones have died on the job.
You’re likely to have many difficult questions after a family member has died at work. The Bureau of Labor Statistics recorded 196 workplace fatalities throughout North Carolina in 2024. Some of the most commonly cited causes of workplace fatalities in North Carolina and across the US each year include falls, injuries from heavy equipment, and vehicle accidents. Families dealing with sudden losses must navigate complex statutory filing requirements, which makes understanding time limits for filing a workers’ comp claim in North Carolina vital.
If your family member died in any type of work-related accident, your family likely qualifies to claim death benefits through their employer’s insurance carrier. The filing process may appear straightforward at first, but the reality is that you could encounter all types of unexpected complications that you may not be able to resolve on your own. Additionally, you could also have additional options for legal recourse based on how the fatal accident happened.
Understanding Workers’ Compensation Insurance in North Carolina
Virtually every private sector employer in North Carolina is required by state law to have workers’ compensation insurance, and most regular workers are covered if they are hurt while working. This insurance functions on a no-fault basis, meaning it is not necessary to prove liability to qualify for workers’ compensation benefits, only that the injury happened while you were performing your job duties.
The same applies when claiming death benefits in North Carolina. The fatal accident must have occurred when the victim was working. It is important to note that fatal accidents that happen on the way to or from work do not qualify in North Carolina, so if your family member died in a vehicle accident during their commute, you would need to pursue a standard personal injury claim against the driver who caused this accident.
A Charlotte workers’ compensation death benefits lawyer can help you file a claim through the victim’s employer, gathering any evidence your family may need to prove that the fatal injury was work-related and to show any related damages, such as the cost of any medical care the victim received between their accident and their death. Your attorney can then assess the full extent of the compensation your family is eligible to claim.
Calculating Death Benefits in Charlotte
A standard workers’ compensation claim for a workplace injury in North Carolina will usually yield two types of benefits to the injured worker. The insurance company will pay for all medical care the injured worker needs to recover, and they will also pay ongoing disability benefits during the time the worker is unable to work while they recover, or while their earning capacity is limited by the injury.
Death benefits work differently. The family can receive reimbursement for the victim’s final medical expenses, and then the direct beneficiaries of the victim can collect disability benefits each week to compensate them for the income the victim would have been able to earn had they survived.
In North Carolina, death benefits are paid as two-thirds of the victim’s average weekly wage, assessed based on their previous year of work, and these payments can continue for a minimum of 500 weeks. However, if the victim left behind a disabled spouse, or if they have children under the age of 18, then these benefits can continue beyond 500 weeks. The insurance company can also pay up to $10,000 for funeral and burial expenses.
An experienced Charlotte workers’ compensation death benefits lawyer can help you prove the full extent of the medical bills related to the victim’s final care as well as the cost of funeral and burial. They can also review the victim’s pay stubs and work history to establish their average weekly wage prior to their death, so you can confirm that the weekly benefits your family receives align with state law.
The claim-filing process may seem to be straightforward at first, but there is always a possibility of encountering issues with the victim’s employer and/or the insurance carrier. When you hire a workers’ compensation death benefits lawyer to handle your case, you have a greater chance of reaching a favorable outcome. Your attorney can also determine whether your family can pursue additional compensation outside of a workers’ compensation claim.
Filing a Third-Party Wrongful Death Claim in Charlotte
Workers’ compensation in North Carolina functions on a no-fault basis, meaning you do not need to prove fault for a fatal injury to qualify to receive death benefits. However, the facts of the case may show that a specific party outside of the victim’s work directly caused their fatal injury. If so, you and your family may have grounds to pursue a separate third-party work injury claim against this third party.
For example, if your family member died in a vehicle accident while driving for work and another driver was clearly responsible for causing the accident, you and your family can claim death benefits through the workers’ compensation insurance carrier, but may also qualify to file a separate wrongful death claim against the at-fault driver.
Success with this claim could yield compensation for damages that workers’ compensation insurance does not cover. These cases are also more complex, and the defendant could face criminal charges depending on how they caused the death in question. It is crucial to have an experienced attorney representing you and your family if you intend to pursue a wrongful death case against whoever caused the victim’s fatal work accident.
Ultimately, the aftermath of your family member’s unexpected death at work can be incredibly difficult to navigate without an attorney’s help. You need an experienced and compassionate attorney to help you pursue compensation for this loss. Money cannot replace the victim, but it can provide you and your family with economic peace of mind as you adjust to your new circumstances, and the team at Butler, Quinn & Hochman, PLLC is ready to help.
FAQs
Q: Do You Need to Prove Fault to Claim Workers’ Compensation Death Benefits?
A: You do not need to prove fault to claim workers’ compensation death benefits, only that the death in question occurred while the victim was working. Workers’ compensation in North Carolina functions on a no-fault basis to compensate work-related injuries. However, if you intend to file a separate third-party wrongful death claim, proving fault will be essential to success with this case.
Q: How Much Can My Family Receive in Death Benefits?
A: The amount your family can receive in death benefits will vary based on the income the victim earned prior to their death. Your family can receive up to $10,000 in funeral and burial expenses and full coverage for any medical care the victim received before their death. The amount your family receives in ongoing death benefits will be a percentage of the victim’s average weekly income.
Q: What Is a Wrongful Death Claim Worth in Charlotte?
A: In Charlotte, the value of a wrongful death claim varies based on multiple factors. An experienced Charlotte workers’ compensation death benefits lawyer can help you calculate all of the damages you can seek with this claim that aren’t covered by workers’ compensation insurance, such as lost earnings not covered by insurance, compensation for pain and suffering, and punitive damages, if the defendant caused the death through some illegal misconduct.
Q: Who Are the Beneficiaries of Workers’ Compensation Death Benefits in North Carolina?
A: The beneficiaries of workers’ compensation death benefits in North Carolina can include wholly dependent parties such as the victim’s surviving spouse and children, partially dependent parties, and next of kin. Partially dependent parties can only claim benefits if there are no wholly dependent parties, and next of kin can only claim benefits if there are no partially dependent parties.
Q: Why Should I Hire a Workers’ Compensation Death Benefits Lawyer?
A: You should hire a workers’ compensation death benefits lawyer to have a better chance of securing appropriate benefits after a family member’s death in the workplace. This is an extremely difficult and emotionally challenging situation, and your attorney can be an invaluable source of support and guidance as your family seeks financial stability after losing a loved one.
The team at Butler, Quinn & Hochman, PLLC has helped many families throughout the Charlotte area with their workers’ compensation death benefits claims, and we are ready to put this experience to work for your family. It is important that you start the claim-filing process as soon as possible after the victim’s death, so contact us today to schedule a free consultation with an experienced Charlotte workers’ compensation death benefits lawyer.
Charlotte, NC Related Workers Compensation Death Benefits Resources
Charlotte, NC Workers Compensation Death Benefits Legal Resources
About Charlotte, NC
Charlotte features world-class cultural attractions like the NASCAR Hall of Fame, which draws thousands of racing enthusiasts to Uptown every year. However, high volume in industrial and transport sectors creates significant occupational risks, resulting in 196 fatal workplace injuries across North Carolina in 2024. In response, state safety inspectors and local authorities actively enforce safety regulations across regional facilities. These protective initiatives work to reduce risks while maintaining Charlotte’s vibrant community resilience.
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Address: 4801 E Independence Blvd #700, Charlotte, NC 28212
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