North Carolina Personal Injury: Brain Injuries and Post-Concussive Disorder
Mar 25, 2018 by epfaff
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Losing a father, mother, child or spouse to a fatal workplace accident is a tragic event. If your family is the victim of a fatal workplace accident, you are probably dealing with extraordinary emotional and personal issues of grief and recovery. You are also likely faced with the loss of income your loved parent or spouse provided to the family.
There are two possible roads of recovery for most families who have lost a family member to a fatal workplace accident: workers’ compensation survivors’ benefits and a wrongful death lawsuit against any liable third parties. Although a family may be able to pursue both claims, these claims are for the most part independent of each other. Contact our firm’s Charlotte work injury attorneys for help understanding your legal rights.
At Brown, Moore & Associates, PLLC, our attorneys have helped injured clients for more than 50 years. We will handle each work injury case with care, diligence, and experienced legal counsel who will seek the best compensation award possible. Workers’ compensation survivors’ benefits are ordinarily calculated based on the workers’ average weekly wages over the 52 weeks prior to the accident. If this number is not representative of the deceased worker’s earnings at the time of his or her death, a skilled workplace injury attorney may be able to increase this number to accurately represent the income lost to the deceased worker’s family.
Generally, surviving spouses and children under the age of 18 are entitled to 500 weeks of benefits. However, there are exceptions to this rule. Surviving spouses who are disabled as of the date of the deceased worker’s death can qualify for benefits for the rest of their life. Minor children are entitled to benefits until they turn 18, even if that ends up being longer than 500 weeks. Up to $10,000 can be covered for burial expenses.
If a deceased worker does not have a spouse or children, those individuals who are wholly or partially dependent upon financial support from the deceased worker can be entitled to the 500 weeks’ of benefits. If a deceased worker leaves no immediate family and no dependents, extended family members may be entitled to these benefits. Our firm’s Charlotte work injury attorneys know how to help you navigate through the legal system. We are committed to helping you pursue benefits for lost wages, loss of companionship and household services.
A wrongful death claim against a responsible third party can provide additional compensation for the loss of your loved one’s long-term financial contribution. Our legal team has an extensive background handling third-party wrongful death claims. We are committed to helping you obtain the full extent of compensation you deserve.
Talk with an experienced lawyer about wrongful death and workers’ compensation survivors’ benefits. You can sit down with one of our experienced attorneys to learn more about your rights and options after losing a loved one in a fatal workplace accident. Call 704-323-7822 or 844-452-3688 toll free, or contact us online to schedule your free initial consultation.