Asheville Workplace Death Lawyer

Asheville Workplace Death Attorney

Filing a claim for workers’ compensation benefits can be difficult enough after an on-the-job injury or illness. For those who have lost a loved one as a result of a work-related accident or occupational illness, the process only serves to remind them that they face a future without a partner, father, mother or friend. However, making a workers’ compensation claim for death benefits as a dependant can alleviate some of the pain by providing the financial stability your family needs at such a difficult time.

Losing a family member to an accident at work can be devastating, both emotionally and financially. North Carolina provides death benefits to the families of some employees who die because of a work injury, but there are specific requirements that must be met to ensure you will receive the benefits to which you are entitled. The workers’ compensation death benefit claim process is different and separate from the Social Security death benefit process.

Thomas F. Ramer, the co-founder of Ganly & Ramer, P.L.L.C., has been representing the families of workers’ compensation injury victims for more than 35 years. He has served on the North Carolina Bar Association Workers’ Compensation council and presented seminars on workers’ compensation topics sponsored by the North Carolina Bar Association, the North Carolina Industrial Commission and many other entities.

Because the death benefit process can be so complex, Mr. Ramer drafted answers to some of the most common questions about it handled through our firm.

Skilled Representation And Compassionate Support

At Ganly & Ramer, P.L.L.C., we come alongside families during some of the most difficult times of life. Our Asheville lawyers offer dedicated, compassionate and experienced support backed by more than 25 years each of experience to help beneficiaries obtain the benefits they need and deserve following a tragic workplace accident. We will guide you through each stage of the process to seek maximum compensation and the justice you deserve.

Claiming Workers’ Compensation Death Benefits

When a death occurs as a result of a workplace accident or occupational illness, dependents have rights to secure compensation from their loved one’s employer. To apply, however, the following criteria must be true:

• The death resulted from a work-induced injury or as a result of an occupational illness, though the incident need not be the sole cause of death such as if the incident aggravated or accelerated a pre-existing condition.
• The claim must be filed within six years of the initial injury or onset of disease, or within two years after a “final determination of disability” has been made, whichever is later.

Furthermore, those who were “wholly dependent” on the employee, such as a surviving spouse or children under 18 years of age have first priority when it comes to receiving death benefits. If there is more than one whole dependent, the final amount will be divided equally among them.

If the employee does not have any whole dependents, then partial dependents, such as immediate family members or adult children, may also make a claim for the benefits. If no whole or partial dependents exist, a lump sum may be paid to the employee’s next of kin as identified by a will or probate process.

You Can Trust Our Experience

Our firm is widely recognized for our success and dedication to helping injured workers and their families throughout North Carolina in trying times. We have won multiple million-dollar settlements and verdicts for past clients, and while past successes do not guarantee results, they demonstrate our commitment to seeking the best results possible for you, even if it means taking your claim to court.

Death Benefit Claim FAQ

Who can receive death benefits?

Family members who are wholly dependent on the deceased worker, typically including the surviving spouse and minor children under 18 years old, receive top priority in terms of receiving death benefits. Next in line are those partially dependent on the worker for support – which can include adult children of any age, or the worker’s parents. Finally, if no one was wholly or partially dependent on the deceased for support, the benefits are distributed in a lump sum to the worker’s next of kin, as identified by a will or the state’s probate process.

Do death benefits include funeral costs?

Yes, burial costs are covered up to a total of $10,000.

What does North Carolina workers’ compensation pay for a loved one’s death?

Death benefits are paid weekly. The amount is two-thirds of the deceased worker’s average weekly wage.

Is there a cap on workers’ compensation for death benefits?

There are two types of limits related to death benefits granted through workers’ compensation — amount of benefit and length of benefit payment. For workers who owned more than $76,000 per year, the cap on death benefits is $992 per week. Recipients of the death benefit are covered for 500 weeks, with the following exceptions:

• Minor children, regardless of age, receive the benefit until they reach 18.
• Dependent spouses who are unable to support themselves due to a mental or physical disability receive death benefits for life unless they remarry.

Successfully filing for death benefits through workers’ compensation requires meeting strict deadlines and demonstrating certain conditions were present related to your loved one’s work-related death. A lawyer with broad experience in workers’ compensation can help you through the filing process and represent you in any appeals or litigation needed to secure the benefits.

Contact Us Today

Talk with our AV Preeminent* attorneys today about your family’s case by contacting our office at 828-844-5274 or by email. We offer a free consultation and handle claims on a contingency fee basis, meaning there are no fees unless or until we successfully recover compensation for you.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

Ganly & Ramer, P.L.L.C., has litigated more workers’ compensation claims through the hearings and appeals process than any other Asheville law firm over the past 35 years*. Call us at 828-844-5274 in Asheville to set up a free appointment to discuss the details of your death benefit claim, or email our firm.

*Based on decisions published by the North Carolina Industrial Commission