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.
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Difference between Related and Unrelated Causes under the NC Workers Compensation Death Benefit Laws
If the cause of the worker’s death is unrelated to the worker’s injury or occupational illness, then the payout is usually small. On the other hand, if the cause of death is related to the employee’s injury or occupational illness, then the payout is 400 to 500 weeks of 2/3rds of the average weekly wage plus burial benefits. For this reason, if there is reasonable argument that the death is related to the injury or job illness, then it makes sense to try to prove that causation did exist.
How Beneficiaries for Death Benefits for a Job Injury in NC are Determined
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.
North Carolina WC Law Where the Cause of Death is Related to the Employee’s Work Injury or Occupational Illness
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:
North Carolina Workers’ Compensation Law when the Death is Not Related to the Work Injury
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:
Death Benefits in North Carolina Workers Comp Cases
Workers’ compensation death cases are generally subject to less negotiation than non-death cases, i.e. regular work injuries. This is mainly because the workers’ compensation statutes for North Carolina dictate how much money is available. Unlike non-death cases, there is no need to figure medical bills because there simply aren’t any future bills by reason of the workers’ death.
The Defense Independent Medical Examination (IME)
The insurance carrier will often try to terminate a worker’s benefits by sending the worker to have an independent medical examination. (IME) The doctors who perform these IMEs are often physicians who regularly prepare reports on behalf of insurance companies. They are used to preparing pro-employer reports and even testifying about these reports.
Reasonable Range of Figures for Settlement of your Comp Claim
The total projected sum that is the maximum payout of all the figures that you could possibly be entitled to will not be the amount of settlement. Because it is projected into the future, several other factors have to be considered to determine the potential settlement range of figures. They are as follows:
Settlement Keys in North Carolina Back-to-Work Cases
In considering any overall settlement of a North Carolina Workers Compensation case that is accepted, where the worker can return to work but with medical restrictions, the worker and his/her attorney will likely take a look at the following key items:
Settlement Keys – Back-to-Work with Restrictions – Family Circumstances
Settling a worker’s compensation case when a doctor says you can return to work is especially difficult – if you don’t have any family members or people who you can rely on. These workers need every dollar they can get. Workers with relatives who can help out are under less pressure to get every dollar. They can take less money to settle their claim.
