Death Benefits

Losing a loved one due to a work-related accident is a devastating experience. At Bourne Law Firm - Workers’ Compensation Attorneys, we are here to provide you with compassionate legal support and help you navigate the complex process of workers’ compensation death claims in Georgia. Our experienced attorneys will guide you every step of the way to ensure that you receive the benefits and justice that you deserve.

Eligibility for Workers’ Compensation Death Benefits

In Georgia, the surviving dependents of a deceased worker who passed away due to a work-related accident or occupational disease may be entitled to death benefits under workers’ compensation law. Eligible dependents include:

• Spouse
• Minor children
• Dependent adult children with disabilities
• Other dependent family members in some cases

Dependency status refers to the determination of whether an individual qualifies as a dependent of a deceased employee under workers’ compensation laws. This status is critical in deciding whether the individual is entitled to death benefits and, if so, the extent of those benefits. Dependency can be classified as total or partial, and it is determined based on the facts and circumstances of each case. Certain individuals, such as a surviving spouse or minor children, may be conclusively presumed to be wholly dependent on the deceased employee. For instance, a surviving spouse who was married to the employee at the time of death and has not remarried is often presumed to be totally dependent.

Dependency is governed by statutes such as O.C.G.A. § 34-9-13 and O.C.G.A. § 34-9-265. These statutes outline who qualifies as a dependent and the conditions under which dependency is established. For example, O.C.G.A. § 34-9-13(d) specifies that dependency must have existed for at least three months prior to the accident.

Death Benefits under Georgia Workers’ Compensation Law

The workers’ compensation death benefits in Georgia may include:

• Funeral expenses up to $7,500
• Weekly income benefits for eligible dependents
• Medical expenses related to the deceased worker’s injury or illness

The amount and duration of the weekly income benefits depend on the deceased worker’s average weekly wage and the relationship between the deceased worker and the eligible dependents. Dependency may terminate under specific conditions, such as remarriage of a surviving spouse, attainment of majority age by a child, or the end of financial reliance on the deceased employee. If there are multiple dependents, the benefits may be equitably distributed among them.

Important Deadlines for Filing a Death Claim

To ensure that your family receives the death benefits you deserve, it is crucial to act promptly and adhere to the filing deadlines under Georgia law. Key deadlines include:

Notifying the employer within 30 days of the employee’s death Filing a claim with the Georgia State Board of Workers’ Compensation within one year of the employee’s death

Missing these deadlines may jeopardize your eligibility for workers’ compensation death benefits. Our experienced attorneys will help you stay on track and ensure that all necessary documentation is submitted in a timely manner.

Denied Death Benefits Cases

Employers and insurers may attempt to deny death benefit claims by raising various defenses or arguments. For example, employers may claim that the deceased was not an employee but an independent contractor, which would exclude the claim from workers’ compensation coverage. Employers may also challenge the claimant’s dependency status, arguing that the claimant was not financially dependent on the deceased employee at the time of death. If workers’ compensation death benefits are denied, you have a right to request a hearing before the Georgia State Board of Workers’ Compensation.

Can you recieve a lump sum settlement for a death benefits claim?

Yes, workers’ compensation death benefits cases can be settled. Settlement agreements are often reached between the claimant (such as the surviving spouse or dependents) and the employer/insurer. These agreements typically resolve disputes over entitlement to benefits, the amount of benefits, or other related issues in exchange for a lump sum payment.

Contact Us for a Free Consultation

At Bourne Law Firm - Workers’ Compensation Lawyers, our compassionate and knowledgeable attorneys are dedicated to providing you with the support and guidance you need during this difficult time. If you have lost a loved one due to a work-related accident or illness, we are here to help you navigate the complex process of workers’ compensation death claims in Georgia. To schedule a free consultation, please contact us today: