Legal Question in Workers Comp in North Carolina
My father died when my sister was under 18 in an accident that was proven to be work-related. My sister was born mentally disabled (retarded) and receives social security for her disability. She currently lives in NC (also where the accident happened). Would it be possible for her to receive benefits beyond the 400 weeks due to her disability? Thank you.
1 Answer from Attorneys
Only if it takes longer than 400 weeks for her to reach age 18. She gets the money until she is 18.
A "disabled widow" can draw longer than 400 weeks,but I cannot find any provision in the workers' comp law for a disabled child.
Your sister should apply for any further SS benefits that may be available. If she has those disabilities, contact the county Department of Social Services, as she may be eligible for the "CAP Waiver" program. That would provide her with some additional benefits.
Good luck. BB
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