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Friday, February 21, 2014

Workers Compensation Benefits for Death from an On the Job Injury

An On the Job Injury Resulting in Death

Unfortunately, some workers in North Carolina suffer an untimely death due to a work injury.  This is very tragic for the family who also has to understand the workers’ compensation process and what the family is entitled to under these circumstances.  In North Carolina, if the worker dies as a result of a work injury, the surviving spouse or family member may be eligible to receive up to 500 weeks of benefits, up to $10,000.00 in funeral expenses and payment of any medical expenses related to the work injury.  A minor child or disabled spouse may be entitled to even more benefits beyond the 500 weeks.

When an Employer agrees to pay benefits, an agreement for Compensation for Death, called a Form 30 will be used to request an award from the Industrial Commission on a Form 30D.  That Form has to be submitted with other appropriate documents, such as a death certificate, marriage certificate, divorce decree, birth certificate, if minors are involved or other documents.  The Industrial Commission has copies of these forms on its website.

If you have a loved one who suffered an untimely death and need assistance with this process or the Employer will not provide benefits, you should contact a workers’ compensation attorney to assist you.