Who Is Eligible for Work-Related Death Benefits?
As a workers’ compensation attorney, unfortunately, I’ve had to help numerous clients recover work-related death benefits after a loved one passed.
And, sadly, work-related deaths are increasing.
According to the Bureau of Labor Statistics, “There were 5,190 fatal work injuries recorded in the United States in 2021, an 8.9-percent increase from 4,764 in 2020. […] The fatal work injury rate was 3.6 fatalities per 100,000 full-time equivalent (FTE) workers, up from 3.4 per 100,000 FTE in 2020 and up from the 2019 pre-pandemic rate of 3.5.”
What happens to those people they leave behind?
When you tragically lose a loved one, your life is turned upside down. This is especially true if you depended on your loved one for living expenses. Without their paycheck, which you depended on, how will you survive?
While no amount of money will ever bring your loved one back, work-related death benefits may help you make ends meet in the immediate future.
But who is eligible to receive work-related death benefits?
Fortunately, there are clear guidelines for who receives work-related death benefits in the state of Georgia.
Read on to gain a better understanding of work-related death benefits in Georgia.
The Deceased Employee Must Meet Certain Requirements
The very first requirement for receiving work-related death benefits pertains to the deceased’s injury.
To receive work-related death benefits, it must be proven that the employee died as a result of the work injury, just as you would for traditional workers’ compensation benefits.
For example, an employee who suffers a fatal fall during work hours at their work site will be covered, but someone who has a heart attack may not be covered.
Additionally, there must be jurisdiction in Georgia. This means that the work accident must have occurred in Georgia, or the employee was a resident of Georgia.
The final initial requirement is that the accident did not happen due to the employee’s fault, such as drinking and driving a work vehicle.
If it is proven that the employee was intoxicated while operating the work vehicle, the dependents may not be able to receive work-related death benefits.
If the deceased employee’s situation does not meet all the above criteria, then you may not be eligible for work-related death benefits.
Work-Related Death Benefits in the State of Georgia
Work-related death benefits vary from one state to the next depending on state workers’ compensation laws.
Here are the Georgia statutes regarding compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by an intentional act of employer (O.C.G.A. §34-9-265).
If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows:
(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee’s burial not to exceed $7,500.00. If the employee leaves no dependents, this shall be the only compensation;
(2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his or her earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity;
(3) If the employee leaves dependents only partially dependent on his or her earnings for their support at the time of the injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to the deceased employee’s average weekly wages at the time of the injury; and
(4) When weekly payments have been made to an injured employee before his or her death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency.
(c) The compensation provided for in this Code section shall be payable only to dependents and only during dependency.
(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $290,000.00.
(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the dependents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury only if the employer had actual knowledge that the intended act was certain to cause such injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11.
That is fancy legalese that explains what work-related death benefits dependents are entitled to, which include:
- Coverage of hospital bills from the work-related injury (e.g., surgery for an injury that occurred before the employee succumbed and passed away).
- Funeral expenses for the employee’s burial are up to $7,500.
- The same income benefits the deceased employee would have received in life (two-thirds of the employee’s average weekly wage).
Now we are back to the initial question. Who is eligible for these work-related death benefits?
Primary Dependents Are Eligible
The quick and easy answer is that dependency benefits go to those who depended on the deceased for living expenses. These are typically considered primary beneficiaries.
Primary beneficiaries are the victim’s legal spouse and minor children.
Spouses must be legally married.
Children are considered dependents until the age of 18.
However, if the child remains enrolled in school, work-related death benefits can be extended to the age of 22.
Secondary Dependents May Be Eligible
If the deceased was not married and did not have any dependent children, secondary dependents may be considered.
To be considered a secondary dependent, the individual must prove they were dependent on the deceased for living expenses for at least three months before the death.
Who Is Not Eligible?
There are also rules about who is ineligible.
For example, a common law marriage isn’t accepted as legal in the state of Georgia for work-related death benefits. This means, even if you lived together for years, you might be ineligible to receive work-related death benefits.
Older children are not considered dependents, unless there are no other primary dependents and it can be proven that older children depended on the deceased for living expenses, such as a 30-year-old living at home.
Surviving spouses who remarry are no longer eligible for work-related death benefits.
Even if not married but in a meretricious relationship (resembling marriage, such as living together), the surviving spouse will no longer be eligible for work-related death benefits.
If the surviving spouse passes away, the original work-related death benefits will end. The benefits will not be passed on to other family members.
Why Do You Need to Work with An Attorney?
Workers’ compensation is always complicated, but it will seem even more confusing when you can’t think straight.
With your mind elsewhere during this difficult time, let an experienced workers’ compensation attorney fight the insurance company for you.
Workers’ compensation attorneys will work on your behalf to make sure you receive the most favorable work-related death benefits or settlement.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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