Losing a loved one to a work-related injury or illness is devastating, both emotionally and financially.
In Georgia, the law recognizes this hardship and provides workers’ compensation death benefits to help support surviving dependents. These benefits can cover some of the financial losses your family faces after such a tragic event.
Contact Underwood Law LLC today for a free, no-obligation case evaluation. We’ll explain how we can pursue the compensation your family deserves.
What Are Workers’ Compensation Death Benefits?
In Georgia, the workers’ compensation system provides death benefits to the surviving family members of an employee who dies from an occupational injury or illness.
Death benefits help offset some of the losses caused by a worker’s death and provide their dependents with partial replacement of the worker’s wages.
Who Qualifies for Death Benefits After a Workplace Accident?
A deceased worker’s family may qualify for certain death benefits from workers’ comp. Family members who typically qualify for death benefits include the following:
- A surviving spouse
- The decedent’s minor children
- The decedent’s children under age 22 enrolled in a full-time educational program
- The decedent’s adult children who cannot support themselves due to a disability
Other family members may also qualify for death benefits if they can prove their dependence on the deceased worker’s income.
How Much Are Workers’ Comp Death Benefits in Georgia?
Death benefits in a Georgia workers’ comp claim can include the following:
- Up to $7,500 towards reasonable funeral and burial expenses for the deceased worker
- Weekly compensation equal to two-thirds of the worker’s average weekly wage, up to a maximum of $800 per week
If a worker dies without dependents, workers’ compensation will pay only funeral and burial expenses to the worker’s family or estate.
The workers’ compensation law also provides an additional benefit of 20 percent added to the surviving dependents’ weekly benefits (up to a maximum of $20,000) as a penalty if a worker’s death occurred due to the employer’s actions, if the employer intended to cause the worker’s injury, or knew its actions would injure the worker.
How Long Do Death Benefits Last for Dependents?
Weekly compensation death benefits under the Georgia workers’ compensation system have a limited period. Children of deceased workers (except for disabled adult children) can receive death benefits until they turn 18 (or 22 if attending a post-secondary educational program) full-time.
A dependent spouse can receive benefits until they turn 65 or receive 400 weeks of benefits, whichever provides a greater amount of benefits.
However, any weekly payments made to the worker before their death will reduce the spouse’s maximum 400-week period.
Furthermore, a widowed spouse who had no children with the worker will receive a maximum of $320,000 in benefits. A spouse’s benefits will also terminate if they remarry or openly cohabitate with a person of the opposite sex.
How to File a Workers’ Compensation Death Benefit Claim in Georgia
If your loved one did not file a workers’ compensation claim before their death, you may need to file one on their behalf to pursue death benefits.
When a worker dies on the job, the employer is required to report the death to their workers’ compensation insurer, which then notifies the Georgia Workers’ Compensation Board.
In some cases, the insurer may reach out to the worker’s next of kin to determine eligibility for death benefits. Alternatively, surviving family members can contact the employer or the employer’s workers’ compensation insurer directly to request these benefits.
What to Do If Your Death Benefit Claim Is Denied
When your loved one’s employer denies your claim for workers’ comp death benefits, steps you can take to pursue the financial compensation your family deserves include the following:
- Gather your loved one’s death certificate and medical records.
- Collect financial documents to establish your financial dependence on the deceased worker.
- Gather copies of your loved one’s pay stubs or income statements.
- Contact a workers’ compensation attorney as soon as possible for help pursuing a formal workers’ compensation claim.
Common Mistakes to Avoid When Filing for Death Benefits
Pitfalls to avoid when you file a workers’ compensation death benefit claim include:
- Not filing a timely workers’ compensation claim
- Failing to obtain medical evidence to link the worker’s death to their occupational injury or illness
- Not obtaining proof of dependency on the worker
- Not keeping records of the deceased worker’s funeral and burial costs
Frequently Asked Questions About Georgia Workers’ Comp Death Benefits
Common questions that clients have about death benefits under the Georgia workers’ comp system include:
Can dependents receive death benefits if a worker’s death occurred long after a workplace injury?
In some cases, a family may qualify for death benefits if the worker’s death occurred due to an occupational injury or illness, even if a substantial time has passed.
However, the family may need to present medical evidence of a causal link between the worker’s injury or illness and their death.
What proof do you need to obtain death benefits?
Dependent family members must show that a worker’s death occurred due to a work-related injury or illness.
In addition to providing the worker’s death certificate, the family may need to present other evidence, like medical records, that link the worker’s death to their occupational injury or illness.
Family members claiming death benefits may also need to provide proof of their dependency on the deceased worker.
Can stepchildren and other dependents obtain death benefits?
In some cases, stepchildren and extended family members may become eligible for death benefits. They must show that they depended on the deceased worker’s income for support.
Why You Should Work with an Albany, GA, Workers’ Compensation Lawyer
Losing a loved one to a work-related injury or illness is heartbreaking, and the financial strain that follows can make an already difficult time even harder. Under Georgia’s workers’ compensation laws, your family may be entitled to death benefits that provide critical financial support.
A skilled workers’ compensation attorney can help your family by doing the following:
- Investigating the cause of your loved one’s death to confirm it was work-related
- Determining your eligibility for weekly compensation
- Calculating the benefits your family should receive
- Handling all communication with the employer and insurance company to help secure the compensation you deserve
If you lost your loved one because of their job, you don’t have to face the legal process alone.
Contact Underwood Law LLC today for a free, no-obligation consultation. Our experienced Georgia workers’ compensation death benefits attorneys will help your family seek the financial support and justice you deserve.
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