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.
2. If there are no whole dependents, then partial dependents as of the date of the accident but there is an adjustment because the dependent is partially dependent and not wholly dependent. This proportion is the fraction of the amount the deceased worker annually contributed/ divided by the annual earnings of the deceased at the time of the accident.
3. If there are no dependents, then the next of kin get a certain percentage of the benefit amount.
Exactly who gets and how much can be hard to figure. It’s best to consult an experienced worker’s compensation lawyer to help figure who is entitled to benefits and in what amounts or proportions. Here, the lawyer has to make sure there isn’t any conflict of interests because some beneficiaries may exclude other beneficiaries.
Joe Miller Knows How to Figure Which Relative Gets the Death Benefits
North Carolina attorney Joe Miller knows the relevant statutes. He’ll explain which relatives have first priority, second priority and third priority. He’ll explain which relatives get equally and what shares and amounts each claimant gets. To be sure the right relatives are getting the support they need, contact attorney Joe Miller at 888-694-1671 for an appointment. You can also make an appointment through his online form.
