Work accidents often leave employees out of work for a few weeks or months, but in severe cases, a worker dies. The family of the deceased worker can seek death benefits, but for the claim to be approved, the death must have occurred:
- Within the scope of the decedent’s work
- At a place of employment with has three or more employees
- Without the decedent being intoxicated
If your loved one died at work or due to injuries sustained from a work-related injury, we can help fight for the benefits you deserve.
Call (404) 521-2667 or contact us online to speak to a workers’ compensation lawyer about potential death benefits.
Georgia’s Death Benefits and Workers’ Compensation Laws
O.C.G.A. §34-9-265 specifically outlines the benefits and rights that are available if someone dies as a result of their injuries at work. Claims must be valid and meet the following requirements:
- The employer must have three or more employees to be required to have workers’ compensation insurance.
- The injury that led to death must have been the result of the person’s work or occurred during the scope of work.
If the deceased employee was intoxicated at the time of the accident, compensation is likely to be denied. Working with an attorney is recommended because we’ll review the facts of the case to ensure that you can file a claim before proceeding.
What Workers’ Compensation Death Benefits Are Available?
Georgia’s workers’ compensation law allows for two main death benefits:
Burial Expenses
Families are entitled to up to $7,500 in burial expenses. If the burial or other final arrangements cost more than $7,500, the excess amount will not be covered. In cases where there are no dependents, these benefits may be all that are received.
Indemnity Benefits
The timing of the death will also impact benefits:
- If death is instant, benefits are available under O.C.G.A. 34-9-261 and are no less than $50 per week and no more than $800 per week.
- If the death occurs after the accident, the benefits will also be available minus anything that has already been paid to the person.
An attorney can help calculate the benefits that you may receive under workers’ compensation. You want to verify that the amount received is accurate and the maximum allowed under current laws.
While these benefits will not bring your loved one back, they will help surviving dependents absorb the financial impact of their death.
Death must be a result of a work-related injury or due to work, and it’s up to you or your attorney to prove that the death is work-related.
Determining Whether the Death Was Work-Related
If a worker dies due to a workplace accident or injury, death benefits are available through workers’ compensation insurance.
In some cases, it’s obvious that the workers’ death was work-related. In other cases, things are more complex.
For example, if an injured worker dies while receiving workers’ comp benefits, their eligibility for death benefits will depend on whether the death was related to the workplace injury.
Let’s say that a worker suffers a back injury, is unable to work and is receiving weekly workers’ comp benefits. While recovering from their back injury, they tragically die due to a heart attack. In a case like this, the family may not be entitled to death benefits unless the heart attack was related to the injury or treatment of the injury.
For example, if this worker recently had surgery for their back injury and died from a blood clot related to that procedure, they may be eligible for death benefits.
As you can see, determining whether an injury is work-related can be complex. An experienced attorney can help you understand whether you have a claim and your options for seeking benefits.
Who Can Claim Workers’ Compensation Death Benefits?
When a person’s death is work-related, Georgia law establishes a clear order of priority of who can claim benefits and the percentage they will receive.
There are two main types of beneficiaries who can file a claim: primary and secondary.
Primary Beneficiaries – Spouses and Children
The law considers spouses and children to be dependents of the deceased employee and primary beneficiaries of death benefits.
Spouses
A surviving spouse is entitled to indemnity benefits if they were dependent on the deceased employee. To claim benefits, the marriage must be valid (cohabitation or common-law marriages are not considered valid).
Spouses can receive benefits for up to 400 weeks and up to $270,000 total.
Benefits will cease if the surviving spouse:
- Gets remarried or lives with a partner in a relationship that is akin to marriage
- Dies
Children
Eligible dependent children may receive benefits up to the age of 18 or 22 if they are enrolled in school. Benefits will be divided among the children equally.
The law is very specific as to the definition of children in death benefit claims.
Secondary Beneficiaries
A secondary beneficiary is an individual who was dependent on the deceased employee, but is not a child or spouse. Secondary beneficiaries must be able to show that they were dependent on the deceased individual for at least three months prior to their death to qualify for benefits.
If a secondary beneficiary was only partially dependent on the deceased, then their indemnity benefits would equal only the amount they received.
A secondary beneficiary would only receive benefits if there are no primary beneficiaries (no spouse or children).
How We Can Help With Your Death Benefits Claim
If your loved one’s life was tragically lost in a workplace accident or due to a work-related injury, your family may be entitled to death benefits.
Because this a complex and nuanced area of law, it’s important to work with an experienced workers’ compensation attorney who can help guide you through the process.
Our firm brings more than four decades of combined experience to the table and a commitment to helping injured workers and their families get the benefits they need and deserve.
We can help you understand your options and what to expect when filing a claim.
Contact us today to set up a free consultation.
