There are some complications that can arise in workers’ compensation death cases. So far, the courts have said that spouses who are committing adultery still get benefits. But if the spouse signed a separation agreement waiving all rights to support, then the spouse would not get “widow” benefits.
Illegitimate children
Illegitimate children must be acknowledged by the father prior to his death in order to qualify for benefits under the Act. This can be harsh, especially because later paternity tests are of no help at all. If the deceased worker did not acknowledge paternity while he was alive, in a clear and provable way, then the legitimate child can receive no benefits under this law.
The decedent’s Will does not control.
The beneficiaries of a decedent’s workers’ compensation benefits are determined by North Carolina’s Workers’ Compensation laws. In one case, the case of next of kin, the North Carolina intestate laws are used to determine eligibility. The intestate laws dictate what happens when the decedent did not leave a will. A Last Will and Testament has no effect on who gets the worker’s compensation benefits. The one exception is that the Will may acknowledge paternity of a child.
The procedures for actually getting the workers’ compensation benefits, unlike regular personal injury cases, are set forth in Rule 409 of the North Carolina Industrial Commission Rules. Our office knows the rule and how to get the rightful beneficiaries the employee death benefits.
Joe Miller Knows North Carolina Worker Death Benefit Laws
Each law has its exceptions and oddities. It’s important to know how to handle these different situations. It’s also important to know when other relevant laws may or may not apply. A skilled North Carolina Workers’ Compensation lawyer knows these unique situations. Joe Miller has those skills. He has helped thousands of clients for over 25 years. Call 888-694-1671 and ask for Joe Miller. You can also email him at jmiller@joemillerinjurylaw.com or you can complete his online form.
