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Shelby Death Benefits Workers’ Comp Lawyer
Shelby Death Benefits Workers’ Comp Attorney
The death of a loved one from a work injury is a tragic event, and it’s natural to have questions about what comes next. A Shelby death benefits workers’ comp lawyer can help you understand your rights and get the financial support you need. Death benefits may include weekly compensation payments and coverage for final expenses.
This support is vital in helping your family recover from the loss of a loved one, but employers and insurers sometimes complicate the claims process. Bridgman Gantt Law Offices has provided Shelby families with understanding and support through these claims for many years.
Hire a Death Benefits Workers’ Comp Lawyer
Our attorneys have over 60 years of combined experience, and our firm has assisted North Carolinians with workers’ compensation, Social Security Disability, and personal injury claims for over 30 years.
We take the time to get to know each client’s situation and then provide practical and compassionate guidance based on decades of experience and proven results. We have always focused on people, and our mission is to protect your rights, security, and peace of mind.
Understanding Death Benefits in North Carolina Workers’ Compensation
North Carolina workers’ compensation law provides for weekly death benefits to eligible dependents of a worker who dies from a job-related injury or illness. The payments, which are usually two-thirds of the deceased worker’s average weekly wage, are paid for a specified period based on the relationship of the claimant to the deceased.
A Shelby death benefits workers’ comp lawyer can help your family obtain the full amount to which you are entitled, including payment for funeral expenses and any back pay that may be in dispute with the insurer.
Who Qualifies as a Dependent
If an employee dies from an on-the-job injury or from an occupational disease, then under North Carolina law, the employee’s spouse, widower, or minor child is conclusively presumed to be 100% dependent on the worker’s wages immediately before the accident occurred.
Alternatively, if no one was wholly dependent, a partially dependent person may be eligible to file a death claim. The issue of who is eligible for death benefits is not merely academic; it can determine how many dollars are available each week to the worker’s family.
Securing this money is a crucial factor for families facing financial uncertainty, and when it comes to dependents’ status, the difference between consistent payments or protracted delay may turn on technical issues.
What Happens When the Cause of Death Is Disputed
The state statute is clear that a weekly benefit is due when death “proximately results from a compensable injury or occupational disease.” Your claim will hinge on the medical records, employment records, and the reports from the scene of the accident. North Carolina Industrial Commission hearings are often held in our area, and experienced legal representation may be needed to guide you through the local process.
In the court system we have here at home, an attorney who knows the local court process can make all the difference in how quickly the family receives the money that is due.
Filing Deadlines and What to Expect
The latest N.C. Department of Labor data shows that private industry employers in North Carolina reported 177 fatal workplace fatalities in 2023. In the event of a death, there are certain steps you should be prepared to take:
- Submit a written notice to the employer that a death occurred that may have been work-related.
- File the death benefits claim (usually within two years of the date of death).
- Assemble the deceased worker’s wage history and proof of your relationship to them (spouse, child, dependent).
Failing to meet a deadline or to provide documentation as to any of the above elements can lead to a delay or reduction of the weekly benefit and funeral expense coverage.
FAQs
Who Receives Workers’ Comp Death Benefits in North Carolina?
Workers’ compensation death benefits are paid to the dependents of an employee who died as a result of a work-related accident or occupational illness. The North Carolina law presumes the employee’s surviving spouse and minor children are wholly dependent on the deceased worker.
Other relatives may also be eligible if they were dependent on the worker for financial support. Bridgman Gantt Law Offices can help families in Shelby determine eligibility and file a claim within the time limit.
How Much Are Workers’ Compensation Death Benefits Worth?
The benefit amount is calculated from the worker’s average weekly wage at the time of the fatal injury or illness. In North Carolina, dependents usually receive two-thirds of the wage each week for up to 500 weeks.
Additionally, there is a funeral expense allowance of up to $10,000. A skilled Shelby death benefits workers’ comp lawyer can determine the appropriate benefit amount and advocate with the insurance carrier if necessary.
What Should I Do if the Insurer Denies My Death Benefits Claim?
If an insurer denies your death benefits claim, you have the right to appeal to the North Carolina Industrial Commission. The appeals process allows you to submit additional documentation, medical evidence, and witness testimony to prove the death resulted from work-related activities.
Since there are strict deadlines and the process can be complex, working with Bridgman Gantt Law Offices can help make sure your family’s case is considered and resolved in a timely manner.
Are Workplace Deaths Common in Shelby?
Fatal work accidents are fortunately less common than nonfatal ones in Shelby. However, they do occur in the industries that employ the largest numbers of people around Shelby, particularly manufacturing, construction, and transportation.
Many of these cases involved workers in the industrial areas along Highway 74 and the Cleveland County industrial corridor. Filing a claim through the local Cleveland County Courthouse or regional Industrial Commission office for Shelby and neighboring communities can be an arduous process.
Contact a Shelby Death Benefits Workers’ Comp Lawyer
Losing a family member in a workplace accident can turn your life upside down, upending your family’s daily routines and long-term financial stability. At Bridgman Gantt Law Offices, we work to make sure Shelby families understand their rights under the North Carolina workers’ compensation system and receive the full benefits they are entitled to by law.
No matter what the case involves, whether the Industrial Commission, a local employer, or an insurance company, we can help you navigate the process with clarity, diligence, and sincere care for your family’s well-being. Book a consultation today to hire a death benefits workers’ comp lawyer in Shelby.
Shelby Death Benefits Workers’ Comp Lawyer Reviews
★★★★★
“What an amazing and professional group of people!! Mr. Gantt was super informative and treated us with respect and kindness. He explained everything from start to finish. His team was always available and were also kind and professional. When it came time to go to court he called a few days before and went through the process step by step. Making us feel comfortable. The day of court he called again and asked if we had questions or concerns. Ensured us that everything was going to be okay and just relax and he would be there every step of the hearing. Once the hearing was done he called us again and explained what he felt the result was going to be, and he was right! Would 100% recommend him to anyone. Thank you Mr. Gantt!” – Polly Clark
★★★★★
“All I can say is that this firm took care of EVERYTHING! I never felt out of the loop and was quite happy with the results. Also, Mr. Gantt and the staff made it extremely easy to discuss matters, even those that are personal! Thanks!” – Ken Soltys
★★★★★
“Mr. Bridgman was professional and on point he kept me fully aware of the process and what was always going on a true blessing to me and others.” – Tameron Gaines
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