Death Claims

Filing a claim for workers' compensation benefits can be difficult enough after an on-the-job injury or illness. For those who have lost a loved one as a result of a work-related accident or occupational illness, the process only serves to remind them that they face a future without a partner, father, mother or friend. However, making a workers' compensation claim for death benefits as a dependant can alleviate some of the pain by providing the financial stability your family needs at such a difficult time.

At Ganly & Ramer, P.L.L.C., we come alongside families during some of the most difficult times of life. Our Asheville lawyers offer dedicated, compassionate and experienced support backed by more than 25 years each of experience to help beneficiaries obtain the benefits they need and deserve following a tragic workplace accident. We will guide you through each stage of the process to seek maximum compensation and the justice you deserve.

Making A Claim For Workers' Compensation Death Benefits

When a death occurs as a result of a workplace accident or occupational illness, dependents have rights to secure compensation from their loved one's employer. To apply, however, the following criteria must be true:

  • The death resulted from a work-induced injury or as a result of an occupational illness, though the incident need not be the sole cause of death such as if the incident aggravated or accelerated a pre-existing condition.
  • The claim must be filed within six years of the initial injury or onset of disease, or within two years after a "final determination of disability" has been made, whichever is later.

Furthermore, those who were "wholly dependent" on the employee have first priority when it comes to receiving death benefits. This typically means a surviving spouse or children under the age of 18, including adopted children or stepchildren. If there is more than one whole dependent, the final amount will be divided equally among them.

If the employee does not have any whole dependants, partial dependents, such as immediate family members or adult children, may also make a claim for the benefits. If no whole or partial dependants exist, a lump sum may be paid to the employee's next of kin as identified by a will or probate process.

You Can Trust Our Experience

Our firm is widely recognized for our success and dedication to helping injured workers and their families throughout North Carolina in trying times. We have won multiple million-dollar settlements and verdicts for past clients, and while past successes do not guarantee results, they demonstrate our commitment to seeking the best results possible for you, even if it means taking your claim to court.

Talk with our AV Preeminent* attorneys today about your family's case by contacting our office at 877-882-5964 or by email. We offer a free consultation and handle claims on a contingency fee basis, meaning there are no fees unless or until we successfully recover compensation for you.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.