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:
- The beneficiaries get 2/3rds of the average weekly wages (but no less than $30 per week) for 400 weeks (500 weeks if the case arose after the new law effective date – June 24, 2011). The start date for calculating the 400/500 figure is the date of death even if the worker was getting some benefits before death.
- The beneficiaries get burial expenses up to $3,500 ( $10,000 for cases arising after June 24, 2011)
Attorney Joe Miller Understands the Importance of Relating the Cause of the Death to the Employee’s Work Injury or Illness
There can be a big difference for relatives depending on whether the worker’s death is related to the work injury or illness. Death benefits can be 500 weeks which is often more than what the worker would have gotten had he lived. To help you prove the death was indeed work-related, you need medical evidence. North Carolina Worker’s Compensation lawyer Joe Miller can help you get the right medical reports. Contact lawyer Joe Miller at 888-694-1671 and ask for Joe Miller or email him at jmiller@joemillerinjurylaw.com. You can also complete his online form.
