Georgia Work-Related Death Benefits
While nobody wants to think about it, work-related deaths can happen and do happen – either immediately or later – as a result of the injuries the victim sustained in the accident.
Although a fatal accident can happen in any workplace and in any industry, some industries are inherently more dangerous than others. According to the Occupational Safety and Health Administration (OSHA), 1 in 5 workplace deaths in the United States occur in the construction industry.
Just as a worker who is injured on the job can pursue workers’ compensation benefits, the surviving spouse
and / or children of a worker who dies on the job can pursue dependency benefits through a death benefits claim with the Georgia State Board of Workers’ Compensation.
If you are a loved one of a work-related death victim, we understand you are grieving and the last thing you want to do is fight an insurance company to receive benefits to which you are entitled.
At DeMedeiros Injury Law, we have helped so many grieving family members in your position win against insurance companies and get them the justice they deserve.
Your loved one worked hard to support you, and they would want you to be taken care of after their passing. We can’t bring your loved one back, but we definitely can fight to make sure you and your children are paid as much as the law allows.
Workers’ Compensation Death Benefits in Georgia
In Georgia, a workplace fatality victim’s dependents can seek death benefits.
However, determining who qualifies as a dependent, what kind of a dependent, and in what order of priority among multiple dependents can be complex, so you need an experienced Atlanta workers’ compensation lawyer to guide you.
There are essentially two types of death benefits beneficiaries: primary and secondary.
- Primary beneficiaries: The victim’s legal spouse and minor children. The spouse and victim must have been legally married. If the victim had a dependent child, then that child is entitled to benefits until the age of 18. However, benefits can be extended to age 22 if the “child” remains enrolled in school.
- Secondary beneficiaries: If the victim did not have a legal spouse or dependent children, any other party who can prove they were dependent on the victim for at least three months prior to the death can recover death benefits as a secondary beneficiary.
Work-related death benefits are the same income benefits the victim would have received in life (two-thirds of the victim’s average weekly wage).
Beneficiaries can further be categorized as wholly dependent or partially dependent, and the amount of benefits available can change over time.
This area of the law can get very complicated and is fact intensive, so you will need an experienced Georgia workers’ compensation lawyer who knows how to handle a work-related death benefits claim.
Beneficiaries receive benefits for as long as they would have remained dependent on the victim. For example, if a widow remarries, dependency benefits terminate. Further, even if a widow never remarries, there is a cap on the amount of benefits available.
Under Georgia law, death benefits are subject to change – from caps on the amount you can recover to termination of benefits.
That’s why it’s important to hire an experienced workers’ compensation lawyer who is on your side. Not only will it make the work-related death benefit claim process easier, but it also ensures you get the benefits to which you are entitled by law.
Contact us today to schedule your free legal consultation.
Let an Experienced Workers’ Comp Lawyer Help You Weather This Storm
If you have lost a loved one in a workplace accident, you could be entitled to work-related death benefits through workers’ compensation.
We understand this is a tough time for you, and that it’s important you feel as if you have someone on your side – an experienced lawyer who will help you fight the insurance company.
As a Georgia workers’ compensation lawyer, I’m here to help you weather this storm and ensure you have the best legal representation possible. I pride myself on putting people over profits (unlike the insurance companies) and will be with you every step of the process.
To learn more about pursuing these benefits, contact DeMedeiros Injury Law today to schedule your free legal consultation.