The North Carolina Industrial Commission has specific rules for how to handle death benefits in workers’ compensation cases. There are many parts to the rule:
- The employer has to notify the NCIC when an employee dies from an injury or an occupational disease by filing several forms.
- The employer, insurance carrier or administrator has to make a good faith effort to discover the names and addresses of the beneficiaries, as defined by the Workers’ Compensation Act.
- If a potential beneficiary is a minor or incompetent, then a guardian ad litem has to be appointed.
- When there are disputes about who the beneficiaries are; the employer, carrier or administrator can request a hearing to make a determination.
- If the beneficiaries are known and the employer, carrier or administrator agree to the beneficiaries, then the parties shall submit a 501 Agreement for Compensation for Death. This Agreement shall include relevant documents such as the worker’s death certificate. When there is an agreement; the employer, carrier or administrator shall pay the death benefits to the beneficiaries holding back the lawyer fees and benefits to a minor or an incompetent.
Payments to minors shall be made to the minor’s parent or natural guardian. Some exceptions may apply. Payments on behalf of incompetents shall be paid to the guardian for the incompetent.
- If there is no liability agreement, then any party on either side can request a hearing.
- In uncontested claims, the attorney seeking representation fees must file an affidavit or itemized statement that supports the awarding of legal fees.
Discuss Your Injured Worker Case with North Carolina Lawyer Joe Miller
If you are injured at work or a loved one has been killed at work, and you wish to make an overall settlement, you need an experienced North Carolina worker’s compensation lawyer who knows the laws and all the state rules. If you fail to comply with just one important law or rule, it can affect your claim. Attorney Joe Miller has been helping injured workers for over 25 years. Get the right result with an experienced lawyer. Contact Joe Miller Law at 888-694-1671 and ask for Joe Miller or complete the online form to schedule an appointment.
