In determining the eligibility for death benefits when a worker dies, North Carolina places first priority on whole dependents. Partial dependents get second priority and the Next of Kin get third priority. The North Carolina Worker’s Compensation statute excludes parents who abandon their child from being a next of kin. When there are no dependents and no next of kin, then nobody gets any of the comp benefits even if the worker left all the money in a Will to a non-relative.
dependents
Next of Kin in North Carolina Worker’s Compensation Death cases
North Carolina General Statutes 97-40 defines who qualifies as a next of kin in North Carolina Worker’s Compensation death cases. The “Next of Kin” of the worker will be entitled to whatever benefits exist if the worker did not have any whole or partial dependents.
