When a workplace accident results in an employee’s death, the deceased worker’s survivors often face loss of household income as well as grief and hardship.
Georgia law entitles the dependents of a worker who died in an on-the-job accident to receive workers’ compensation death benefits. But the process of claiming those benefits can be confusing and overwhelming, particularly to grieving families.
Since 2010, Underwood Law LLC has been helping the families of Georgia workers who lost their lives in workplace accidents claim all the benefits available by law.
Contact us today for a free consultation with a workers’ compensation attorney to discuss your case involving a work-related death and learn more about your rights.
Understanding Georgia Workers’ Compensation Death Benefits
Workers’ compensation death benefits provide financial support to the surviving family members of an employee who dies due to a work-related injury or illness.
The benefits are designed to replace a portion of the deceased worker’s income and cover certain expenses, such as funeral expenses and burial costs. The Georgia State Board of Workers’ Compensation outlines who qualifies for these benefits and how much compensation may be available to surviving dependents.
Who Is Eligible for Benefits After a Workplace Fatality?
Compensation for death at work is available to a deceased worker’s dependents.
Under Georgia law, dependents include the worker’s surviving spouse, minor children, and dependent stepchildren. If no dependents exist, benefits may be limited to covering reasonable burial expenses up to the amount allowed by Georgia law.
How Much Compensation Can Survivors Receive?
The amount of compensation available through Georgia workers’ compensation death benefits depends on the deceased worker’s average weekly wage and the number of dependents.
Generally, eligible dependents can receive two-thirds of the worker’s average weekly wage, up to a state-imposed maximum of $800 per week.
Payments may continue for a specific duration or until certain conditions change, such as a surviving spouse getting remarried or children reaching adulthood. A widowed spouse with no dependent children is eligible to receive up to $320,000 in total death benefits.
The state also provides up to $7,500 to cover the worker’s funeral and burial costs after a fatal work injury.
Why You Need a Workers’ Compensation Attorney for a Death Benefits Claim
Trying to file a workers’ compensation death benefit claim after an unexpected loss can overwhelm a surviving spouse.
An experienced Georgia workers’ comp attorney with Underwood Law LLC can handle the survivor benefits process from start to finish on your behalf. We’ve secured millions in workers’ compensation benefits for our clients and are proud of the feedback we’ve received from satisfied clients. As one of them wrote:
“I am a very satisfied client of Mr. Underwood. He worked extremely hard on my case and the outcome was very good. He is always more than glad to help and always does his best for his clients. I would recommend him to anyone.”
– C.W.
Underwood Law LLC is committed to putting people first. We’re here to learn about your circumstances, understand the full scope of your family’s loss, and fight for the financial recovery available by law.
Time Limits to Claim Death Benefits in Georgia
In most cases, when an employee dies, surviving family members must file a workers’ compensation death benefit claim within one year of their loved one’s death.
Missing this deadline can result in losing the right to pursue benefits. Because the state strictly enforces these time limits, families should contact a qualified workers’ compensation attorney as soon as possible after a workplace fatality.
How to File a Workers’ Compensation Death Benefits Claim
Filing a workers’ comp death benefits claim in Georgia involves several steps. You must proceed carefully to protect your rights. A skilled attorney can handle the following steps on your behalf:
- Notify the employer of the worker’s death as soon as possible, ideally in writing.
- Gather documentation such as the death certificate, medical records, and proof that the death was work-related.
- Confirm your eligibility for benefits by review who qualifies as a dependent under state law.
- File form WC-14 with the Georgia State Board of Workers’ Compensation.
- Work with an attorney to manage communications, meet filing deadlines, and respond to insurer challenges.
- Attend hearings or mediation if the insurer or the worker’s employer disputes or denies your claim.
Common Challenges in Georgia Workers’ Compensation Death Benefit Claims
Georgia families seeking workers’ compensation death benefits often encounter challenges such as disputes over whether the death was work-related, questions about dependency, or delays
caused by incomplete paperwork. Insurance companies may try to minimize payouts or deny a valid workers’ compensation claim.
Insurance company delays and denials can be discouraging. The good news is that having an attorney who knows Georgia workers’ compensation law can make a significant difference in the outcome of your claim for compensation for a death at work. Your lawyer will take the legal burden off your shoulders so you can focus on grieving and healing.
Workers’ Compensation Death Benefits FAQs
Families often have questions about eligibility for Georgia workers’ compensation death benefits. Below are answers to some of the most common questions we receive at Underwood Law LLC. Please don’t hesitate to reach out for additional information.
Are death benefits available if the worker died from an occupational illness?
Yes. Benefits may be available if medical evidence links the worker’s illness to workplace exposure or conditions.
Can adult children receive benefits?
Generally, benefits are limited to minor or dependent children. Adult children must show financial dependency at the time of death to be eligible for benefits.
Are benefits paid in a lump sum payment or weekly?
Most are paid weekly, but a lump-sum settlement may be negotiated in some cases.
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