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:
1. To the surviving whole dependents – often a wife and children.
2. To partial dependents.
3. If no dependents, then to the next of kin as defined by the North Carolina Workers’ Compensation statute.
4. To the worker’s personal representative – the person appointed to handle the worker’s estate. When the worker has a Will, the executor is the personal representative. Otherwise, the personal administrative is normally appointed by the court on the request of one of the worker’s relatives.
The people entitled to the money get the full benefits as if the decedent had lived. This normally means the balance of any unpaid wages (after the 2/3 adjustment is made) that were previously awarded. There are no new additional benefits
If the death was related to the injury, then this section does not apply.
Unrelated causes can include a heart attack, a non-related accident, cancer or a host of reasons. In many cases, it will be clear that the death was not related to the work injury or the occupational illness.
Attorney Joe Miller Knows North Carolina Worker’s Compensation Death Benefits
Attorney Joe Miller knows that some deaths just aren’t related to a worker’s injuries. In these cases, he still knows that the worker’s benefits that have already been awarded should still go to family members. He’ll explain which family members get the benefits and in which amounts. He’s helped thousands of North Carolina and Virginia clients. Make an appointment with Workers’ Compensation lawyer Joe Miller today by calling him at 888-694-1671, emailing him at jmiller@joemillerinjurylaw.com or completing his online form.
