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Death Benefits

Tragically, sometimes death occurs in the workplace. When this happens, the deceased worker’s surviving dependents are eligible to receive certain death benefits under the North Carolina Workers’ Compensation Act, which is intended to support the worker’s spouse, children, or other dependents who relied on that worker financially.

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While the exact percentage of workers’ compensation death benefits differs depending on the financial situation of those on the receiving end of the benefits, the purpose is to mimic the earning income of the deceased closely. No one prepares for such an unexpected and distressing loss, and these benefits are meant to cushion that loss with at least some form of financial security.

The North Carolina Workers’ Compensation Act provides specific benefits in the event of a workers’ death, which are as follows:

Wage Replacement

The North Carolina Workers’ Compensation Act provides that in the event of a worker’s death, certain benefits for disability benefits are owed. These differ depending on how the survivor entitled to payment is defined under the Act. There are three types of beneficiaries entitled to payment under the North Carolina Workers’ Compensation Act:

Persons Wholly Dependent Upon Deceased Employee

Persons “wholly dependent” financially upon the deceased worker are entitled to 500 weeks of the deceased employee’s disability benefits, to be paid over 500 weeks. There is a non-rebuttable presumption that widows or widowers are wholly dependent, regardless of their own earnings or financial assets. A widow or widower does not include divorced spouses, even if they were receiving financial assistance, alimony, or child support from the deceased employee. Likewise, a girlfriend or boyfriend not legally married to the deceased worker is not eligible for benefits. It is important to note that North Carolina does not acknowledge common-law marriage like other states. Likewise, same-sex partners can find themselves without eligibility for death benefits in North Carolina. If a deceased worker is single or divorced, the next tier of wholly dependent beneficiaries would be minor children, entitled to receive benefits at least until the age of 18. Where there are multiple dependent children, the benefits are divided equally but adjusted if one child reaches 18 before the 500-week limit, and their siblings are still minors. In certain circumstances, a deceased worker’s children may be recipients of benefits that may extend if they are enrolled in college or university.

It is also essential to note that children born out of wedlock may be entitled to wage replacement benefits, as long as the deceased worker “acknowledged” them (sometimes the word “legitimated” is used. Evidence of acknowledgment can include child support orders, proof of actions indicating the deceased worker acknowledged the child as their own, and evidence from others acknowledging parentage. In almost all situations involving children out of wedlock receiving benefits, an insurance company will request a hearing to obtain an Order directing them to pay benefits. Otherwise, they might pay benefits, and later another person comes forward to claim entitlement to death benefits.

Partial Dependents

If no persons are wholly dependent upon a deceased worker, the next category entitled compensation would be persons partially dependent upon the deceased worker. These individuals are entitled to payment for an amount of money proportional to the amount of support provided by the deceased worker. Examples of partial dependents include parents of the deceased worker or other family members to whom they provided financial support before death.

Next of Kin

If there are neither whole dependents nor partial dependents of a deceased worker, then the wage replacement benefits are payable to the employee’s next of kin. This includes surviving parents or siblings. The North Carolina Workers’ Compensation Act uses the law governing the distribution of assets of a deceased person who leaves no will, called “intestate succession.” Next of kin receiving benefits from a death claim can receive those benefits in a lump sum, meaning the 500 weeks of benefits are paid based upon their present value. If there are no whole dependents, partial dependents, or next of kin, the insurance company does not owe any wage replacement benefits.

Medical Treatment & Bills

Any bills for treatment related to the injury which was the cause of a workers’ death are to be paid by the workers’ compensation carrier.

When a worker passes away shortly after their accident, sometimes large emergency room bills can be sent directly to the worker’s spouse or family. It is crucial that the spouse or family not assume the insurance company is processing those bills.

It is vital to pay particular attention to ambulance or air ambulance bills, as these providers often fail to pursue reimbursement by the insurance company. Even when they do so, they can often prove unwilling to make an effort to provide documentation requested by the adjuster promptly, delaying payment.

Funeral Expenses

The Workers’ Compensation Act provides that up to $10,000.00 in funeral expenses are paid when a worker dies in a workplace accident. Often this requires submission of invoices or bills to the insurance company to pay any funeral services providers or reimburse the family (or party responsible for payment of funeral expenses).

In some cases, insurance adjusters will pay for the cost of transporting a deceased workers’ body. To avoid problems with the payment of funeral expenses under the North Carolina Workers’ Compensation Act, it is imperative to obtain written documentation to support a claim for payment or reimbursement of those expenses. It is also a good idea to advise funeral service providers of the benefits available, especially if the family of a deceased worker is unable to advance those costs.

Contact our Workers’ Compensation Lawyers

The workers’ compensation lawyers of the Law Offices of Jason E. Taylor are passionate about helping people move on from the tragic loss of a loved one due to a work accident as seamlessly as possible. We know absolutely nothing can make up for the fact that you have lost an irreplaceable person in your life, but we can help take the burden of fighting with the insurance company off your shoulders.

Indeed, sometimes insurance companies will deny claims for death benefits, and fighting that denial requires the assistance of an experienced workers’ compensation attorney. Even when claims are accepted, insurance companies are often slow to pay the benefits they owe under the North Carolina Workers’ Compensation Act, adding financial burdens to the emotional ones face by a deceased worker’s loved ones.

If you have lost a loved one due to a workplace accident, you should not have to bear the burden of fighting with an insurance company for prompt payment of all benefits owed under the North Carolinas Workers’ Compensation Act. Our experienced workers’ compensation attorneys stand ready to assist you.

Contact us today by calling us at (800) 351-3008.

Contact our Personal Injury Attorneys

Contact us today to speak with one of our Charlotte, Hickory, Greenville, Rock Hill, or Columbia attorneys.

120 3rd St NE
Hickory, NC 28601

Phone: (828) 327-9004
Toll Free: (800) 351-3008

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Concord, NC 28025

Phone: (704) 787-9419
Toll Free: (800) 351-3008

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

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Rock Hill, SC 29732

Phone: (803) 980-5300
Toll Free: (800) 351-3008

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News From Our Blog

Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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