Hendersonville Workplace Death Lawyer

Hendersonville Workplace Death Attorney

A workplace death can leave surviving family members with unexpected funeral expenses and lost financial support. Under the state’s workers compensation program, family members of the deceased worker have the right to pursue critical benefits with the help of a Hendersonville workplace death lawyer. Wrongful death benefits can alleviate the financial burden of surviving loved ones.

Why Choose Ganly & Ramer, P.L.L.C.?

A wrongful death is always a traumatic ordeal for surviving loved ones. At Ganly & Ramer, P.L.L.C., we handle these cases with compassion and care. We know that no amount of money can undo the emotional harm you’ve endured, but compensation or benefits can alleviate the financial stress you are under. From the moment you partner with our firm, we take the time to listen to your story.

We bring decades of legal experience to our cases. Our team can help your family by ensuring that you receive the full benefits you are entitled to. We won’t accept an inadequate settlement offer—we exhaust every avenue to ensure you’re taken care of.

Understanding Workers Compensation Benefits

Workers compensation death benefits provide financial assistance to family members of a worker whose death resulted from a work-related injury or an occupational illness. The work-related incident does not need to be the sole factor that caused the death. In some cases, the work environment and work conditions can exacerbate a pre-existing condition.

To qualify for benefits, surviving loved ones must file for benefits within certain time limits. However, only certain close family members can seek workers compensation death benefits. Common dependents include a surviving spouse or children under 18. If the deceased individual does not have any immediate dependents, other family members, such as adult children, may be eligible to receive death benefits.

Compensation From Workplace Death Benefits

North Carolina’s workplace death benefits aim to compensate surviving loved ones for the expenses they incurred leading to the death and afterward. Importantly, they also account for the lost income the deceased party would have earned if they were still alive.

The medical expenses incurred by the surviving family members can be reimbursed through workplace death benefits under the workers compensation program. Funeral costs are also included.

Following a successful claim, eligible dependents may receive weekly payments based on the worker’s average wages. These payments typically last until the minor dependents turn 18 or for a set number of years. It is not uncommon for insurance companies to try to minimize payments, which is why many claimants seek legal representation throughout the claims process.

Why Legal Representation Is Critical for Securing a Fair Workers Comp Settlement

Following a work-related death, the company responsible for paying out benefits payments may try to avoid paying your family what you are owed. Without proper documentation, they may argue that the death is not related to work conditions. In cases where a pre-existing health problem was exacerbated by time at work, this could be a critical issue that determines whether you are eligible for benefits.

A workplace death attorney can ensure that the workers compensation company follows the terms of its own policy and state law. Legal representation can also ensure that you receive the full range of benefits you are owed.

FAQs

Q: What Is the Average Workplace Death Settlement in NC?

A: Workers’ compensation provides death benefits to surviving dependents, covering lost wages, medical expenses, and funeral costs. The amount depends on the worker’s income, the number of dependents, and state regulations. There is no set settlement, but a Hendersonville workplace death lawyer can help ensure your family receives the full benefits available under North Carolina law.

Q: How Long Do Families Have to File for Workplace Death Benefits in North Carolina?

A: North Carolina imposes strict deadlines for filing a workers’ compensation death benefits claim. Generally, families must file within two years of the worker’s passing to remain eligible. Missing this deadline can result in losing benefits. Your attorney can ensure all paperwork is filed correctly and on time to protect your rights.

Q: Can You Hold an Employer Responsible for a Workplace Death?

A: In most cases, accepting benefits from workers compensation means that you cannot hold an employer responsible for a workplace death. However, if an employer’s gross negligence or intentional misconduct led to the death, additional legal action may be possible. Whether you can pursue a wrongful death claim depends on the details of your case.

Q: What Is the First Thing That Must Be Done When a Worker Is Injured?

A: When a worker is injured, immediate medical attention is the top priority. Medical care is important for your health and safety, but it also ensures your injuries are properly documented, which can help your workers comp claim. The injury should also be reported to the employer as soon as possible to ensure eligibility for workers’ compensation benefits. Failing to report promptly may impact a claim.

Q: What Is the Death Benefit for Workers’ Comp in NC?

A: Workers’ compensation may provide death benefits to surviving dependents, covering lost wages, medical expenses, and funeral costs. The amount depends on the worker’s income and state regulations. Only specific family members are eligible to receive benefits, such as children under the age of 18 or surviving spouses.

Schedule Your Hendersonville Workplace Death Consultation Today

Following an unexpected workplace death, the deceased party’s immediate family can face serious financial and emotional hardships. Workers compensation can provide important benefits that can pay for medical bills, funeral costs, and a portion of the deceased worker’s lost income. Securing these critical benefits can be challenging if you do not have strong legal representation.

Ganly & Ramer, P.L.L.C., has represented clients during workplace death benefits claims for decades. We understand the tactics that workers compensation insurance carriers use to minimize benefits payments to surviving loved ones.

Legal representation during this critical time can ensure that you receive what you are owed so you can begin the work of rebuilding your life with the resources you need. To learn how we can provide help during this difficult time, contact our office to schedule your no-cost consultation.