In most cases, the dependents of a person killed by another person’s negligence can file a wrongful death lawsuit. Georgia workers’ compensation laws precludes a family from filing a wrongful death action, but a family may be eligible to receive workers’ compensation benefits for their loved one’s death.
For many Georgia residents, workers’ compensation is the exclusive remedy for recovery for work-related deaths. It is important for families in these cases to immediately retain legal counsel for help protecting all of their rights.
Attorney for Workers’ Compensation Death Benefits in Atlanta, GA
Was your loved one killed in a workplace accident in Georgia? You should contact The Balams Firm before speaking to any insurance company representatives.
Atlanta personal injury lawyer ReShea Balams represents clients with workers’ compensation claims in East Point, Forest Park, Alpharetta, Dunwoody, Norcross, Smyrna, Sandy Springs, Milton, and several other surrounding areas of Cobb County, DeKalb County, Fulton County, Gwinnett County, and Clayton County.
Call (404) 445-2005 today to have our attorney provide a complete evaluation of your case during a free initial consultation.
Overview of Workers’ Compensation Death Benefits in Georgia
- What does Georgia state law say about workers’ compensation death benefits?
- What type of compensation is awarded under a workers’ compensation claim?
- Where can I learn more about workers’ compensation death benefits in Atlanta?
Under Georgia Code § 34-9-265, worker’s compensation must be as follows when 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 from there:
- The employer must pay the reasonable expenses of the employee’s burial not to exceed $7,500 (in addition to any other compensation). This is the only compensation is a worker leaves no dependents;
- The employer must pay the dependents of the deceased employee weekly compensation equal to the compensation which is provided for in Georgia Code § 34-9-261 for total incapacity (two-thirds of the employee’s average weekly wage up to $575 per week);
- If the employee leaves dependents only partially dependent on his or her earnings for their support at the time of the injury, weekly compensation will 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
- When weekly payments have been made to an injured employee before his or her death, compensation to dependents begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Georgia Code § 34-9-261, Georgia Code § 34-9-262, or Georgia Code § 34-9-263 will be subtracted from the maximum 400 week period of dependency of a spouse provided by Georgia Code § 34-9-13; and in no case will payments be made to dependents except during dependency.
The parties entitled to workers’ compensation death benefits are the dependents of the deceased. Eligible dependents in Georgia include a person’s legally married spouse, his or her natural or legally adopted children or stepchildren under 26 years of age, and other dependent children under 26 years of age for whom the deceased was a legal guardian.
Georgia Code § 34-9-265(d) establishes that when a surviving spouse is a sole dependent at the time of death, and there are no other dependents for one year or less after the death of the employee, the compensation cannot be more than $230,000. The benefits will also cease if the surviving spouse remarries or cohabitates in a meretricious relationship.
When a spouse and children are dependents, the spouse can continue to receive benefits until he or she turns 65 years of age or receives benefits for 400 weeks, whichever provides greater benefits. The $230,000 cap is not applicable in these cases.
Children generally continue to receive benefits until they turn 18 years of age. Some children can continue to receive benefits until they turn 22 years of age so long as they remain enrolled full-time in some institution of higher learning.
Law | State Board of Workers’ Compensation | Georgia.gov — Visit this section of the Georgia State Board of Workers’ Compensation website to find answers to several frequently asked questions about the state’s workers’ compensation law. You can find information relating to worker deaths as well as what to do if you do not receive benefits. You can also learn how to verify an employer’s workers’ compensation insurance coverage.
Fatal Occupational Injuries in Georgia | Bureau of Labor Statistics (BLS) — The BLS is the principal federal agency responsible for measuring labor market activity, working conditions, and price changes in the economy. On this section of the BLS website, you can view various statistics relating to fatal occupational injuries in Georgia. Learn more about deaths by industry, occupation, or other demographics.
Find a Workers’ Compensation Death Benefits Lawyer in Atlanta, GA
If your loved one was killed in an accident on the job in Georgia, it is in your best interest to seek legal representation as soon as possible. The Balams Firm helps families in communities throughout Fulton County, DeKalb County, Cobb County, Clayton County, and Gwinnett County, such as Marietta, Decatur, Johns Creek, Riverdale, Roswell, College Park, Duluth, Lawrenceville, and many others.
ReShea Balams is an experienced personal injury attorney in Atlanta who can fight to make sure that you get all of the compensation you are entitled to. She can review your case and answer all of your legal questions when you call (404) 445-2005 or fill out an online contact form to set up a free, no-obligation consultation.