Charlotte Death Benefits Lawyer

Charlotte Death Benefits Attorney

Thousands of people sustain injuries at work in North Carolina each year. While many are able to recover, and workers’ compensation benefits assist them in managing their financial concerns after workplace injuries, others are not so fortunate. When fatal workplace injuries occur, workers’ compensation death benefits can be invaluable for surviving family members. A death benefits lawyer in Charlotte can explain your options if you have suffered such a loss anywhere in North Carolina.

Experienced Legal Counsel in Charlotte & Throughout NC for Workers’ Compensation Death Benefits

The Sumwalt Group Workers’ Compensation and Trial Lawyers have years of professional experience helping injured workers in North Carolina navigate the workers’ compensation claim filing process from our offices centrally located office in Charlotte. We have also helped many grieving families understand workers’ compensation death benefits and assisted them in securing fair outcomes from the workers’ compensation claims they file through deceased loved ones’ employers.

We can give you the information you need to understand your options after a loved one has died from a workplace accident. As long as their death resulted from an injury or illness that would have otherwise qualified for workers’ compensation, dependents and, in some cases, next of kin are likely eligible to file a claim for workers’ compensation death benefits. Additionally, personal representatives may also have grounds to pursue additional legal recourse that may assist with your family’s recovery from this tragic event in addition to the claims under our North Carolina workers’ compensation laws.

Do not attempt to navigate this process alone. Even if you know your loved one’s death resulted from a compensable injury or illness and you think you understand the workers’ compensation claim filing process, you are likely to encounter a wide range of challenges that you will not be able to overcome on your own. Additionally, you may have grounds to claim more compensation than you might initially expect, and legal counsel can help determine if you are able to receive benefits and, if so, to maximize your results.

Money cannot replace a lost loved one, and it is impossible to assign a dollar value to anyone’s life. However, a successful claim for workers’ compensation death benefits can provide your family with support and flexibility during a very challenging time. In the event a specific party other than one’s employer causes a fatal accident, it is also possible to hold the other party accountable for any damages that workers’ compensation insurance does not cover, in addition to the claim under our North Carolina workers’ compensation laws.

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Common Causes of Workplace Fatalities in North Carolina

Every year, thousands of workplace injuries occur throughout North Carolina, and while some industries are inherently more dangerous than others, it is possible for anyone to suffer a life-changing injury at work. A few of the industries that report the highest numbers of workplace injuries and deaths each year include construction, manufacturing, agriculture, and transportation.

Some commonly cited causes of fatal workplace injuries include falls, vehicle accidents, and acquired acute illnesses from dangerous work environments. If you are unsure whether your loved one’s death was the result of a workplace injury, it is important to discuss your case with an experienced death benefits lawyer in Charlotte, North Carolina. They can give you the information you need to understand the eligibility criteria for filing a workers’ compensation death benefits claim.

Understanding Eligibility for Workers’ Compensation Benefits in North Carolina

North Carolina law requires almost every employer in every industry to carry workers’ compensation insurance, which applies to most regular employees. An employer is not required to cover independent contractors, and some workers in specific fields are exempt from the workers’ compensation coverage requirement under North Carolina law, such as federal employees. Your employer must accurately disclose your employment status so you know your eligibility to file a workers’ compensation claim.

Workers’ compensation insurance serves two purposes. First, it provides civil liability protection for the employer, meaning an injured worker or the family of a fatally injured worker cannot sue the employer for damages after a workplace accident. However, there are some exceptions to this rule. Second, it provides financial benefits to injured workers or the families of fatally injured workers, helping them manage the cost of a workplace injuries.

If your loved one died in any type of work-related injury, their death could qualify as a covered incident. This means that in lieu of a workers’ compensation claim that could have provided medical expense coverage and disability benefits had they survived, an employee’s dependents and, sometimes, next of kin could file a claim for workers’ compensation death benefits that can cover the various damages you have incurred because of the victim’s deaths.

Filing Your Claim for Workers’ Compensation Death Benefits

Your death benefits lawyer in Charlotte, NC, can help determine whether you meet the eligibility criteria to file a workers’ compensation death benefits claim under our North Carolina workers’ compensation system. It is important to remember that the cause of death must be work-related, or it must be a major contributing factor for causing the death. Some deaths are automatically presumed to be work-related if they happen within the scope of specific operations within the workplace.

For the death to qualify for workers’ compensation death benefits, it must have occurred within six years of the date of the incident that ultimately resulted in the death.  The claim generally should be reported within 30 days unless the employer actually knows about the injury, and the claim must be filed within two years of death. It is crucial to meet these criteria; missing either deadline may result in the insurance company refusing to honor the claim, even if the death directly resulted from a workplace accident.

A death benefits lawyer in Charlotte, North Carolina, can guide you through the claim filing process, ensuring all forms are completed accurately and that the employer handles the situation in good faith. They can also help you gather any supporting evidence or documentation you will need to submit to the insurance company. Once you are ready to submit your claim, they will ensure that it is handled appropriately and that you receive a fair determination of benefits.

How Much to Expect in Workers’ Compensation Death Benefits

A standard workers’ compensation claim using a lawyer in Charlotte, North Carolina, for a work-related injury or illness typically results in two forms of benefits for the worker. They can usually expect the insurance carrier to pay for all of the medical care they need to fully recover from their injury, and they can also receive disability benefits during the time they are unable to work and through the date of death.

Funeral and burial expenses up to $10,000.00 are also recoverable from the insurance carrier. Additionally, any medical expenses related to the victim’s final injury or illness should also be fully covered. In addition to these benefits, dependents and sometimes next of kin can also receive up to two-thirds of the victim’s average weekly income in weekly death benefits payments for up to 500 weeks.

Benefits are adjusted to account for the victim’s dependents. For example, if the victim was a parent of a minor child, their child will continue receiving weekly death benefits payments until they turn 18. A disabled spouse will be eligible to continue receiving death benefits for the rest of their life or until remarriage if they are unable to work and support themselves. Your lawyer can clarify any concerns you might have about eligibility for death benefits.

An experienced death benefits lawyer in Charlotte, NC, can guide you and your family through the claim filing process. They will be an especially important asset if you encounter any issues with your loved one’s employer and/or their insurance carrier. Once you receive your determination of benefits, they will verify that it includes everything it is required to cover, and they can also help you determine whether you have any grounds for additional legal recourse.

Potential Complications With Workers’ Compensation Death Benefits Claims

If your family died in a specific accident that occurred at their workplace while they were performing their job duties, it would be very difficult for an insurance carrier to attempt to argue that the injury was not work-related. However, if they died because of a medical condition they acquired over time, or if an injury they suffered previously eventually caused fatal medical complications, the insurance carrier may argue that they are not liable to cover the death.  This might or might not be accurate, and getting the claim evaluated under North Carolina law with a qualified lawyer in Charlotte will be essential.

It is also possible to encounter issues with the victim’s employer. They may claim that the death was not work-related or that it happened outside of the scope of the victim’s job duties. They may also claim that the victim caused the death themselves, and in doing so, the employer is not liable for the claim. It is important to understand the criteria for qualifying for workers’ compensation death benefits and how your attorney can help resolve such disputes.

In the event that your loved one died because they intentionally violated workplace safety regulations and/or they were working while under the influence of drugs or alcohol, these factors could prevent you from filing a workers’ compensation death benefits claim. If they caused their fatal accident themselves but only because of an honest mistake or simple negligence while they were working in good faith, on the other hand, the incident should still qualify for coverage.

Even if your case seems straightforward, it is possible to encounter all types of unexpected challenges that you may not be able to resolve on your own. Having an experienced death benefits lawyer in Charlotte assisting you with your North Carolina claim will significantly improve your chances of resolving such issues quickly and taking full advantage of all the recovery options available to you, including those outside of the workers’ compensation system.

Understanding Third-Party Claims with a Lawyer in Charlotte, North Carolina

Workers’ compensation insurance typically protects covered employers from any liability for their injured workers’ damages. This means that you cannot sue your loved one’s employer for their work-related death except under very specific conditions. For example, if they forced the victim to perform a duty outside of their usual job responsibilities that had virtual certainty to cause severe injury, or if they did not have insurance, these could be grounds for a civil suit.

Alternatively, you could have grounds to file a third-party claim against a specific party outside of the victim’s workplace who directly caused their death. For example, if your family member was required to drive for work and died in a fatal car wreck caused by another driver, you would qualify to claim death benefits since the incident was work-related. However, you would also have grounds to file a wrongful death suit against the third party who caused the wreck in addition to the North Carolina workers’ compensation claim.

While fault does not often factor into workers’ compensation claims in North Carolina because this insurance functions no-fault insurance, it is not true for wrongful death suits or other personal injury claims. North Carolina enforces a contributory negligence rule, meaning the plaintiff in any such case must prove a defendant directly caused the injury, and the deceased worker must not have been partially at fault for the incident.

As long as you are able to meet these criteria, it is possible to hold a third party accountable for the death with a third-party wrongful death suit. Your death benefits lawyer in Charlotte, North Carolina, can explain the steps for filing this type of claim and the compensation you may be able to recover. For example, you could seek compensation for losses that workers’ compensation death benefits do not cover, such as non-economic damages like “pain and suffering” that are not recoverable under our workers’ compensation system in North Carolina.

What to Expect From Your Death Benefits Lawyer in Charlotte, North Carolina

When you choose The Sumwalt Group Workers’ Compensation and Trial Lawyers to represent you in a workers’ compensation death benefits case, you will have a team of experienced and compassionate legal advocates ready to provide support and guidance through every step of your case. If you encounter any issues with the employer’s handling of the situation, or if their insurance company does not handle your claim in good faith, you can feel confident that we will be ready to respond.

Our team will carefully review the details of the death and explain the various legal services we can provide that may help with your recovery. We can help gather the evidence needed to support your claim, uncover the full scope of the losses your family has experienced due to your loved one’s unexpected death, and resolve any disputes raised against your claim. We can also assist you in building a third-party wrongful death suit if necessary, keeping in mind that in both workers’ compensation claims and third-party wrongtful death claims, our statutes in North Carolina prescribe who may receive any benefits.

Your situation is inherently difficult in many ways, and you should not make an already challenging situation even harder by trying to handle everything on your own. The right death benefits lawyer on your side is an invaluable asset in any North Carolina claim while operating out of our centrally located offices in Charlotte. Contact The Sumwalt Group Workers’ Compensation and Trial Lawyers today to schedule a free initial consultation with a team of attorneys about your case.