North Carolina General Statutes 97-40 defines who qualifies as a next of kin in North Carolina Worker’s Compensation death cases. The “Next of Kin” of the worker will be entitled to whatever benefits exist if the worker did not have any whole or partial dependents.
When the Next of Kin get paid, the value of the benefits (400 to 500 weeks depending on the date of death of the worker in relation to June 24, 2011) are commuted to the present value. For whole or partial dependents, the benefits are paid over the 400 to 500 work period. To figure the commuted value, the North Carolina Industrial Commission uses a table that is available or their main website.
“Next of kin” means a child, father, mother, or brother, or sister of the deceased employee. No other people qualify as next of kin. Adult children and siblings also qualify as next of kin. Remember that the spouse and children qualify as whole dependents. If some of these next of kin were partially dependent on the worker for support, then those who are partially dependent will have priority over those who who were not. Otherwise, priority is determined by the North Carolina laws on intestate succession.
Some exceptions such as abandonment by the parent may disqualify a kin from benefits.
North Carolina Lawyer Knows Who Qualifies as Next of Kin
The main aim of North Carolina Worker’s Compensation death benefits is to help those family members who need the most help. But sometimes, there are no dependents. The death benefits then go to the next of kin. Joe Miller knows which kin, which relatives, are legally considered kin and which of the remaining kin have priority. If you have any questions about death benefits, make the call to attorney Joe Miller at 888-694-1671 to discuss your case. You can also complete his online form to make an appointment.
