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New Hanover County to Pay Workers? Compensation Death Benefits to the Family of North Carolina Employee Who Committed Suicide After Becoming the Victim of Assault

In North Carolina, the family of Nancy Hayes will receive workers? compensation death benefits for her 2004 suicide. Hayes, who was employed at the New Hanover County Department of Social Services Food Stamps division, overdosed on prescription pain medication after an unknown assailant attacked her at work.

Following a North Carolina Industrial Commission ruling that New Hanover County should pay Hayes?s heirs workers? compensation because the work attack prompted her suicide, her children will receive $102,500.The commission also determined that the county could have done more to help the injured worker get psychological counseling, which her doctors were recommending.

On March 8, 2004, Hayes was thrown against a wall and a refrigerator a number of times by her attacker before she lost consciousness. Medical records document that she sustained cuts to her neck, head contusions, and puncture wounds on her right hip. An arrest was never made, and New Hanover County had suggested that Hayes fabricated the whole incident.

Hayes committed suicide 10 days after the attack.

Before her death, Hayes, 54, left suicide notes that blamed the North Carolina county for her problems. Even though she had a history of mental problems and tried kill herself before, a suicide expert and psychologist says that if Hayes hadn't been attacked and if she had received the necessary counseling, she wouldn't have died.

North Carolina?s Industrial Commission first heard this workers? compensation case in November 2007. The Commission told New Hanover County to pay Hayes's heirs approximately $117,000, plus medical expenses and funeral costs. Following an appeal, the work injury case was settled for $102,500.

North Carolina Workers? Compensation
If you are injured at work, you are likely entitled to North Carolina workers? compensation benefits. Barring certain exceptions, state law requires employers to provide their workers with these benefits. It doesn?t matter who was at fault or who caused the injury as long as it was work-related.

If a North Carolina worker dies during a work accident or as a result of a work incident, then his or her surviving husband or wife and children are entitled to death benefits.

New Hanover agrees to pay $102,500 for employee's suicide, StarNewsOnline.com, April 2, 2009

Workers' Compensation Overview, Justia

Related Web Resources:
North Carolina Industrial Commission

Department of Social Services, New Hanover County

Full post as published by North Carolina Injury Lawyer Blog on April 03, 2009 (boomark / email).