In determining the eligibility for death benefits when a worker dies, North Carolina places first priority on whole dependents. Partial dependents get second priority and the Next of Kin get third priority. The North Carolina Worker’s Compensation statute excludes parents who abandon their child from being a next of kin. When there are no dependents and no next of kin, then nobody gets any of the comp benefits even if the worker left all the money in a Will to a non-relative.
Abandoning Parent Defined
The statute specifically excludes as “next-of-kin” any parent who has willfully abandoned the care and maintenance of his or her child. What that means is defined further in the section. The statute does go on to say that any such abandoning parent is treated as if they had died before their child (the deceased employee), which means the abandoning parent doesn’t get a dime.
No Dependents or Next of Kin
Sometimes a worker just didn’t have any relatives or dependents. When this happens, the employer just has to pay for funeral expenses. The current funeral benefit is up to $10,000. In older cases the benefit may just be $3,500. Many funerals can cost more than $10,000 depending on the type of casket and where and how the worker is buried or cremated.
Joe Miller Knows the Exceptions to the Rule When Workers Die
Most times, it is clear which beneficiaries are entitled to benefits. But sometimes some beneficiaries aren’t allowed to take benefits because of their misconduct. Sometimes, there simply aren’t any beneficiaries. Joe Miller knows how these exceptions are handled. Contact North Carolina Worker’s Compensation lawyer Joe Miller at 888-694-1671 for death benefit advice. You can also submit his online form.