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What are Employee Death Benefits in Virginia Accident or Occupational Illness Cases?

The families of employees who die due to a workplace accident or occupational illness are entitled to the following death benefits under the Virginia Workers’ Compensation Act: Which family members can get benefits? A surviving spouse, Children under 18, Children under 23 enrolled full time in an accredited educational institution, Parents in destitute circumstances Other …

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Who are Workers’ Compensation Dependents for the Purposes of Death Benefits in NC?

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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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.

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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:

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.