Construction Accident Death Benefits for Surviving Family Members
Every year, hundreds of North Carolinians die in workplace accidents. In 2018 alone, 178 workers suffered workplace fatalities in North Carolina, according to the U.S. Bureau of Labor Statistics. 30 of these deaths were related to construction accidents.
When a worker dies on the job, he or she often leave behind a family that relied on them for love and support, both emotional and financial. At Riddle & Brantley, we strive to ensure that the families of injured workers who are killed on the job — including construction workers — recover all the benefits that they are entitled to.
Nothing can ever make up for the loss of a loved one, but workers’ compensation death benefits can help with the serious financial burdens often resulting from a construction accident death.
Workers’ Comp for Families of Workers Killed in Construction Accidents
Most people know that when a construction worker is injured on the job, he or she is likely entitled to worker’s compensation benefits. But many people do not realize that when a construction worker is killed on the job, their family can receive workers’ compensation construction accident death benefits, as well.
What Death Benefits Are Available for Families of Those Killed in Construction Accidents?
Workers’ compensation benefits available for families of construction workers killed while on the job can be extensive. These typically include:
- Funeral expenses of up to $10,000
- Payment of wage loss compensation for 2/3 of the employee’s wages for up to 500 weeks
So for example, if a construction worker earned gross wages of $600 a week, his family should be entitled to receive workers’ compensation benefits of $400 a week for 500 weeks (or approximately 9 and ½ years). These benefits are not taxable.
Benefit Extensions for Special Circumstances
These benefits can also be extended beyond 500 weeks under many different types of circumstances. For example, if the injured employee left behind minor children, the children can apply to receive death benefits until each of them turns 18. If a child is under 9 years of age, this is going to be a more advantageous recovery than electing to receive benefits for 500 weeks. Or, if the injured employee left behind a spouse who was disabled, these benefits can be extended.
If you have a loved one who was killed in an on-the-job construction accident in North Carolina, it is important to know your rights to ensure that you receive every benefit that your family is entitled to. Many families that we talk to have no idea that they are entitled to any benefits at all, or that they can apply to have death benefits extended beyond 500 weeks. Some tell us that they had life insurance or a GoFundMe site that helped pay for the funeral, so they did not worry about seeking workers’ compensation expenses.
Our job is to ensure that you receive every benefit that you are entitled to for a construction accident death claim. Even if you have other resources, you are entitled to workers’ compensation benefits if you’ve lost a loved one in a construction accident.
If you’ve lost a loved one in a construction accident, you may be eligible for workers’ compensation death benefits. For a FREE consultation with an experienced workers’ comp attorney handling construction accident death claims, please call 1-800-525-7111.
There is no obligation and you won’t pay any attorney fees unless we win your case and you receive workers’ comp benefits for your loved one’s construction accident death.
Workers’ Comp for Construction Accident Deaths: How Does It Affect Social Security Death Benefits?
Many families also do not realize that recovering workers’ compensation death benefits do not limit the family’s ability to receive other benefits like Social Security death benefits. Workers’ compensation benefits are paid by private insurance obtained by the employer. Social Security benefits are governmental benefits paid by the federal government out of payroll taxes that the injured employee was probably paying for years before his or her death.
There is nothing wrong with asking to recover these benefits, and a family should seek to obtain them both.
For this reason, our workers’ compensation attorneys work closely with our Social Security department to ensure that we help you obtain every benefit you can receive. In fact, our firm is proud to have two North Carolina Board-Certified Specialists in Workers’ Compensation, and a North Carolina Board-Certified Specialist in Social Security Disability.
“What if my loved one died years after suffering injuries in a construction accident?”
We also talk to many families of injured workers who have died as a result of construction accident injuries, but who did not die right away. If an injured construction worker dies of injuries he or she sustained on the job, you should seek to recover these benefits — even if he or she died many years after the accident.
Keep in mind, the construction accident does not need to be the sole cause of the injured construction worker’s death. If the workplace accident was a significantly contributing factor to his or her death, then you should still apply for benefits. Our firm handles construction accident death claims like these on a contingency basis, meaning that we receive attorney fees only if we are successful in helping you recover benefits.
For a FREE consultation regarding a potential construction accident death claim, please call our experienced workers’ compensation attorneys at 1-800-525-7111.
There is no obligation and you won’t pay a dime in attorney fees unless we recover workers’ compensation benefits for the loss of your loved one in a construction accident.
Civil Claims for Construction Accident Deaths Due to Others’ Negligence
We also advise families to always see if they are entitled to bring a civil claim for damages. If an injured construction worker dies on the job, but the injury or death was the result of someone else’s negligence, then his or her family may also be able to recover under a civil lawsuit.
For example, if a construction worker was on the job and was injured or killed by an employee of another company, then that employee’s family should seek workers’ compensation death benefits from his own employer (or really, from their worker’s compensation insurance carrier), and civil wrongful death benefits from the person or company that caused his or her death.
There are many layers of recovery that might be available to the family of a construction worker killed on the job, including workers’ compensation death benefits and compensation awarded in a wrongful death claim.
Have You Lost a Loved One in a Construction Accident?
If you’ve lost a loved one in a North Carolina construction accident, you may be entitled to a construction accident death claim for workers’ compensation, and our attorneys are ready to help however we can. We’ve recovered millions of dollars in compensation in workers’ compensation cases for our deserving clients in more than three decades of service to injured North Carolinians and surviving loved ones (see disclaimer below).
For a FREE, no-obligation consultation with an experienced workers’ compensation lawyer handling construction accident death claims, please call 1-800-525-7111.
“They turned a heartbreaking situation completely around.”
–Tonya Taylor, Riddle & Brantley client
The consultation is free and we don’t get paid unless we recover construction accident death benefits for you.
Justice Counts for those who have lost loved ones in construction accidents, and we would love to help you get the death benefits you deserve if we can.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.