Losing a family member in a workplace accident can leave a family facing grief, uncertainty, and financial stress at the same time.
A workplace death may happen because of a construction accident, vehicle crash, fall, machinery accident, fire, electrocution, or another serious workplace injury. When a worker dies because of an accident or occupational disease related to their employment, certain family members may be entitled to workers’ compensation death benefits.
Depending on how the death occurred, there may also be a claim against a third party that contributed to the accident.
Our North Carolina workplace injury lawyers help families understand their rights after the death of a loved one on the job. We can explain what benefits may be available, who may be entitled to receive them, and whether other legal claims may apply.
With more than 70 years of combined experience, our North Carolina workplace death lawyers deliver more.
A workplace death occurs when an employee dies as a result of an injury or occupational disease connected to their employment.
Workplace fatalities can happen suddenly at the job site or after a worker suffers a serious injury and later dies from complications related to that injury.
Some common causes of workplace deaths include:
North Carolina workers’ compensation law provides death benefits when death results from a compensable injury or occupational disease, subject to the requirements of the law.
Workplace fatalities can occur in many industries, including construction, manufacturing, transportation, warehousing, agriculture, utilities, and other occupations where workers may be exposed to dangerous conditions.
Some of the most common causes include:
Falls
Falls from roofs, scaffolding, ladders, elevated platforms, and other heights can cause fatal head injuries, spinal cord injuries, internal injuries, and other serious trauma.
Workplace Vehicle Crashes
Employees may be killed in crashes involving company vehicles, commercial trucks, delivery vehicles, forklifts, or other vehicles used for work.
If another driver caused the crash, the circumstances may also support a third-party claim.
Machinery Accidents
Heavy machinery and industrial equipment can cause fatal crushing injuries, amputations, traumatic brain injuries, and other catastrophic injuries.
Electrocution
Contact with energized equipment, exposed wiring, power lines, electrical systems, or other electrical hazards can cause fatal injuries.
Fires and Explosions
Workplace fires, explosions, chemical reactions, and other industrial accidents can result in fatal burns, traumatic injuries, and toxic exposure.
Falling Objects
Workers may be fatally injured when equipment, construction materials, tools, or other objects fall or become dislodged.
Chemical or Toxic Exposure
Exposure to hazardous substances can cause serious illness, injury, or death depending on the substance and circumstances.
When a worker dies from a compensable workplace injury or occupational disease, eligible dependents may be entitled to death benefits under North Carolina workers’ compensation law.
North Carolina law generally provides weekly death benefits equal to two-thirds of the deceased worker’s average weekly wage, subject to the applicable maximum and minimum amounts. For claims arising on or after June 24, 2011, death benefits are generally payable for up to 500 weeks from the date of death, with certain exceptions that can allow benefits to continue longer for a minor child or disabled spouse.
The law also provides for funeral or burial expenses, subject to the statutory limit. The North Carolina Industrial Commission currently states that up to $10,000 may be payable for actual funeral or burial expenses.
Who receives benefits and how benefits are divided depends on the worker’s surviving dependents and the circumstances of the case.
North Carolina law provides different rules for people who were wholly or partially dependent on the deceased worker for support.
A surviving spouse or child may be considered a dependent under the law. Other family members may qualify depending on their relationship to the deceased worker and their financial dependence.
The amount and duration of benefits can depend on who survives the worker and whether they were wholly or partially dependent on the worker’s earnings.
Because dependency rules can be complicated, families should not assume that they do or do not qualify based solely on their relationship to the deceased worker.
North Carolina workers’ compensation law contains provisions addressing situations where a deceased worker does not leave qualifying dependents.
The potential distribution of benefits can depend on the circumstances, including whether there are partially dependent relatives or next of kin.
These cases should be reviewed based on the specific family circumstances and applicable law.
Workers’ compensation may provide a benefit for funeral or burial expenses when a death is compensable under North Carolina law.
The North Carolina Industrial Commission currently identifies up to $10,000 in actual funeral or burial expenses as available under the Workers’ Compensation Act.
The benefit is generally payable to the person or firm that paid the expenses.
A worker does not necessarily have to die at the accident scene for workers’ compensation death benefits to apply.
North Carolina law addresses situations in which death results from a compensable injury after the original accident. The timing and connection between the workplace injury and the death can be important when determining whether death benefits are available.
For example, a worker may suffer a severe traumatic brain injury in a workplace fall, survive for a period of time, and later die from complications related to that injury.
These cases can require medical evidence showing the connection between the original workplace injury and the worker’s death.
Not every workplace death results from a sudden accident.
Certain occupational diseases may also be compensable under North Carolina workers’ compensation law when the requirements for coverage are met.
Examples can include illnesses caused by workplace exposure to hazardous substances or other occupational conditions.
These claims can be particularly complicated because the illness may develop over a long period of time rather than from one identifiable accident.
Workers’ compensation generally provides the primary remedy against an employer for a covered workplace injury or death.
North Carolina law generally limits an employee’s or their family’s ability to bring a separate negligence lawsuit against the employer for a workplace injury covered by workers’ compensation.
However, the circumstances of a particular case can matter, and there may be other legal claims available.
A lawyer can review the circumstances of the death and explain whether workers’ compensation is the only potential source of compensation.
Possibly.
A workplace death may involve a third party whose actions or negligence contributed to the fatal accident.
Potential third parties can include:
North Carolina law specifically provides that workers’ compensation rights are not necessarily affected by the liability of a third party. In certain circumstances, a separate claim may be available against someone other than the employer.
These claims can be complicated because workers’ compensation benefits and third-party claims operate under different rules.
A wrongful death claim is a civil claim that may arise when another party’s wrongful act, negligence, or other legally actionable conduct causes someone’s death.
A workplace death does not automatically mean that a wrongful death lawsuit is available. Whether one exists depends on the circumstances and who was responsible for the accident.
For example, if a worker is killed in a workplace vehicle crash caused by another driver’s negligence, the family may have a potential claim against the responsible driver in addition to any workers’ compensation benefits.
A defective product or negligent third party could also potentially give rise to a separate claim.
It may be possible to receive workers’ compensation benefits and pursue a claim against a responsible third party.
However, the relationship between the claims can be complicated. Payments received through one claim can affect the other, and North Carolina law contains specific provisions addressing third-party recoveries in workers’ compensation cases.
An attorney can review the circumstances and explain how the different claims may interact.
Workplace vehicle accidents are a common source of serious and fatal injuries.
A worker may be killed while:
If another driver caused the accident, the family may have a potential third-party claim in addition to workers’ compensation death benefits.
Construction sites can expose workers to many serious hazards.
Fatal construction accidents can involve:
The employer, another contractor, equipment manufacturer, property owner, or another party may potentially have legal responsibility depending on what happened.
Electrocution can cause fatal injuries when a worker comes into contact with energized electrical systems, power lines, machinery, exposed wiring, or other electrical hazards.
A fatal electrical accident may result in workers’ compensation death benefits if the death was caused by a compensable workplace injury.
Depending on the circumstances, a third-party claim may also be available if another company, equipment manufacturer, contractor, or other party contributed to the accident.
Falls can cause fatal traumatic brain injuries, spinal cord injuries, internal injuries, and other catastrophic harm.
A fatal workplace fall may occur from a roof, ladder, scaffold, elevated platform, stairs, or another workplace surface.
If the death resulted from a compensable workplace injury, eligible dependents may be entitled to workers’ compensation death benefits.
The circumstances of the fall may also need to be investigated to determine whether another party was responsible.
An employer or workers’ compensation insurance carrier may dispute whether a death was caused by a workplace injury or occupational disease.
This can happen when there is disagreement about:
When a claim is disputed, evidence such as accident reports, medical records, witness statements, employment records, photographs, surveillance footage, and other documentation may become important.
A denied claim does not necessarily mean that the family has no legal options.
The reason for the denial is important. An insurance carrier may dispute whether the death was work-related, whether the deceased worker was covered by workers’ compensation, or whether a particular family member is entitled to benefits.
The North Carolina Industrial Commission has procedures for resolving disputed workers’ compensation claims.
An attorney can review the denial and help the family understand what steps may be available.
Workers’ compensation claims are subject to deadlines, and families should not wait to determine what those deadlines are.
For workers’ compensation claims generally, North Carolina provides a two-year filing period subject to the specific requirements and exceptions in the law.
Death claims can involve additional rules concerning when the death occurred and the relationship between the death and the compensable injury or occupational disease.
Because the applicable deadlines can depend on the circumstances, families should seek legal guidance as soon as possible after a workplace death.
An investigation may involve gathering and preserving:
Some evidence can become harder to obtain as time passes, which is one reason an early investigation can be important.
At Counsel Carolina, we offer free consultations for workplace injury and wrongful death cases.
You can speak with a lawyer about what happened, ask questions about potential workers’ compensation benefits, and discuss whether other legal claims may be available.
The fee arrangement depends on the type of claim and the circumstances of the case. We can explain the costs before you decide whether to move forward.
