When a workplace accident claims the life of your loved one, the emotional and financial toll can destroy a family. As a survivor, you may be able to claim wrongful death benefits for your loved one’s death. Our Atlanta wrongful death workers’ compensation lawyers can make sure you’re duly compensated.
Our firm is dedicated to helping families in Atlanta and throughout Georgia seek fair compensation for their tragic losses. When you need a workers’ compensation lawyer in Atlanta when you need one the most, turn to The Strong Arm, John Foy & Associates, to help you.
Understanding Wrongful Death in Workers’ Compensation Cases
Wrongful death in the context of workers’ compensation occurs when an employee loses their life due to a work-related injury or illness. In Georgia, the workers’ compensation system is designed to provide benefits to workers injured on the job or to their families in case of a fatal workplace accident.
However, additional legal action may be possible when negligence or intentional wrongdoing is involved. Whether you get money through workers’ comp or a wrongful death lawsuit, survivors have ways to seek compensation to cover the financial burden and emotional harm of losing a loved one.
Talk to an Atlanta personal injury lawyer at John Foy & Associates for advice on how to proceed with your case. We can help you understand your rights and the potential avenues for compensation available to your family.
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Who Can File a Wrongful Death Workers’ Compensation Claim?
In Georgia, the right to file a wrongful death claim is limited to specific family members or representatives of the deceased worker’s estate. Typically, the following individuals may be eligible to file a wrongful death workers’ compensation claim:
- The surviving spouse of the deceased worker
- The children of the deceased worker, if there is no surviving spouse
- The parents of the deceased worker, if there is no surviving spouse or children
- The personal representative of the deceased worker’s estate
Our Atlanta wrongful death workers’ compensation attorneys can help determine who has the legal right to file a claim in your specific situation. Note that any compensation will be awarded to all survivors of the deceased eligible under Georgia law, not just the person who can sue.
Types of Compensation Available in Wrongful Death Workers’ Comp Cases
When pursuing a wrongful death workers’ compensation claim, the damages you can receive are different than in a normal workers’ compensation case. Death benefits are key to workers’ compensation in fatal workplace accident cases. These benefits are typically paid to eligible dependents and may include:
- A percentage of the deceased worker’s average weekly wage
- Funeral and burial expenses up to a certain amount
There may be grounds for additional compensation beyond standard workers’ compensation benefits in some cases. This could include:
- Pain and suffering experienced by the deceased before death
- Loss of companionship for the surviving family members
- Loss of future earnings and benefits
The Role of Negligence in Wrongful Death Workers’ Comp Cases
While workers’ compensation is generally a no-fault system, meaning no lawsuit is needed, negligence can play a significant role in wrongful death cases. In some instances, a third party may be held liable for a worker’s death. If so, you may be able to sue on top of getting workers’ comp benefits.
A third party could include:
- Equipment manufacturers, if faulty machinery caused the fatal accident
- Property owners, if unsafe conditions led to the death
- Contractors or subcontractors who contributed to hazardous work conditions
We’ll work tirelessly to identify all potentially liable parties and hold them accountable for their negligence. After your family has suffered the ultimate loss, you need someone who will seek every opportunity to get you the most money possible.
The Process of Filing a Wrongful Death Workers’ Compensation Claim
The first step is to notify the employer of the worker’s death as soon as possible after the fatal accident or illness. Next, a formal claim must be filed with the Georgia State Board of Workers’ Compensation. This claim should detail the circumstances of the death and the benefits being sought.
At John Foy & Associates, we handle all aspects of the claims process for you. We’ll negotiate with insurance companies and other parties to seek fair compensation, allowing you to focus on healing and remembering your loved one.
If the insurers try to give you too little or deny your claim, we’ll be ready to fight against their claims. Our wrongful death workers’ compensation lawyers in Atlanta are no strangers to the courtroom.
Time Limits for Filing a Wrongful Death Workers’ Compensation Claim
Failing to file your claim within certain time frames can result in losing your right to seek compensation. For workers’ compensation death benefits, the claim must typically be filed within one year of the date of death. You also need to report the incident to the employer within 30 days.
For wrongful death claims against third parties, the statute of limitations is generally two years from the date of death. However, these timelines can vary depending on the specific circumstances of your case.
It’s essential to consult with an experienced Atlanta wrongful death lawyer as soon as possible to ensure that your claim is filed in time. Starting early also gives us more time to build your case and negotiate.
Seeking Justice with John Foy & Associates
Losing a loved one in a workplace accident is a devastating experience that no family should have to endure. While no legal action can truly compensate for your loss, pursuing a wrongful death workers’ compensation claim can provide crucial financial support and a sense of justice.
Our Atlanta wrongful death workers’ compensation lawyers are committed to fighting for your rights and securing the compensation your family deserves. Contact John Foy & Associates today for a free consultation. Get the Strong Arm on your side today.
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