Widows and Children – Additional Considerations in NC Workers Comp Death Cases

Posted on Friday, September 4th, 2015 at 10:42 am    

Disabled widows and widowers

Normally, the widow just gets 400 weeks (now 500 weeks) in wage benefits from the date of death of the worker. But if the widow or widower is disabled, then the widow or widower gets benefits for the rest of his or her lifetime unless they remarry.

Dependent Children.

The cutoff for dependent children is the age of majority which, in North Carolina, is 18 years. On the other hand, if a dependent child is very young (for example one month) old, then the benefits will continue until 18 too. 500 weeks is a little less than 10 years. So children under approximately 8 years old will get more than the 500 week allowance, while children over 8 years old will not get all 500 weeks of benefits.

Presumptions

Widows, widowers and children are presumed to be wholly dependent on the deceased employee for support. Otherwise, there are no presumptions and dependency and next of kin status are determined on a case by case basis. Dependences must have existed three months or more prior to the worker’s accident.

Widow Defined

Widow means the decedent’s wife who was living with or dependent on the spouse for support at the time of death. Living apart may also qualify. If the worker deserted the spouse, then spouse will likely be entitled to benefits too.

Joe Miller Knows Widow and Child Death Benefits for North Carolina Workers’ Families

Most times, it’s clear how long widows get benefits and who the widows really are. It’s the same idea for children. Sometimes, a widow may be able to get more benefits than the standard amount of time. Some children may get more or less than the standard amount. Joe Miller knows the nuances of North Carolina Worker’s Compensation law. He’s helped thousands of victims. Make the call to Joe Miller Esq. today by phoning 888-694-1671 and asking for Joe Miller. His online form can also be used to inquire about your case or the case of a loved one.