What are Employee Death Benefits in Virginia Accident or Occupational Illness Cases?

Posted on Wednesday, June 8th, 2016 at 2:00 pm    

The families of employees who die due to a workplace accident or occupational illness are entitled to the following death benefits under the Virginia Workers’ Compensation Act:

Which family members can get benefits?

  • A surviving spouse,
  • Children under 18,
  • Children under 23 enrolled full time in an accredited educational institution,
  • Parents in destitute circumstances
  • Other qualifying dependents may be entitled as well

Death benefits include:

  • The lost wages the worker would have received if he or she had survived
  • Funeral expenses not to exceed $10,000
  • Transportation cost of $1,000.

Did a family member die while working? Virginia lawyer Joe Miller can help

Joe Miller, Esq. has been helping injured workers get justice when work injuries or work illnesses happen. His work includes representing the families of loved ones who died due to a workplace accident or illness. He fights for spouse, children, and even parents to get payment for lost wages, funeral expenses, and transportation costs. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.

Widows and Children – Additional Considerations in NC Workers Comp Death Cases

Posted on Friday, September 4th, 2015 at 10:42 am    

Disabled widows and widowers

Normally, the widow just gets 400 weeks (now 500 weeks) in wage benefits from the date of death of the worker. But if the widow or widower is disabled, then the widow or widower gets benefits for the rest of his or her lifetime unless they remarry. (more…)

Who are Workers’ Compensation Dependents for the Purposes of Death Benefits in NC?

Posted on Friday, August 28th, 2015 at 10:31 am    

Those who are considered a dependent for worker’s compensation purposes are not necessarily going to be the same as for other situations. There are separate laws for when someone dies with a will, without a will, through the wrongful death of another and through a work-related injury or illness. Do not assume that because you are a dependent for one situation that you will be a dependent for worker’s compensation death cases. And don’t assume the opposite either – meaning that if you’re not a dependent for non-work matters that you won’t be a dependent for a worker’s compensation case. (more…)

How Beneficiaries for Death Benefits for a Job Injury in NC are Determined

Posted on Monday, August 24th, 2015 at 10:27 am    

When it can be shown that the decedent’s death was related to the worker’s job injury or occupational illness, the beneficiaries are entitled to death benefits according to the following priorities, according to NCGS 97-39:

1. Persons who are wholly dependent on the deceased employee’s earnings for support at the time of the accident get the full compensation benefits in equal shares and nobody else has a claim. (more…)

North Carolina WC Law Where the Cause of Death is Related to the Employee’s Work Injury or Occupational Illness

Posted on Friday, August 21st, 2015 at 10:06 am    

The first thing the statute (North Carolina General Statutes: 97-38) looks to, when the cause of death is related to the worker’s work injury or occupational illness, is the timing of the death in relation to the injury or illness. If the timing was within six years of the date of the injury or illness or within two years of the final disability determination date (whichever is later), then the statute dictates who gets the money as follows: (more…)

North Carolina Workers’ Compensation Law when the Death is Not Related to the Work Injury

Posted on Wednesday, August 19th, 2015 at 10:04 am    

North Carolina General Statute 97-37 deals with a situation where the injured worked dies before all his/her compensation is paid. If the cause of death is unrelated to the worker’s injury then the funds are paid in the following order: (more…)