Losing a loved one is devastating. When that loss occurs due to a workplace accident, the pain can be compounded by financial stress and confusion about your legal options. If you’re seeking compensation after a fatal workplace incident in Augusta, The Strong Arm can help you.
Our Augusta wrongful death workers’ compensation lawyers are here to guide you through this difficult time and fight for the benefits you deserve. At John Foy & Associates, we understand the intricacies of wrongful death claims in the context of workers’ compensation.
We’re committed to helping families like yours secure financial support after losing a loved one. Talk to a workers’ compensation lawyer in Augusta by calling us for a free consultation. We’ve earned over $1 billion in compensation for families just like yours over our years of service.
Understanding Wrongful Death in Workers’ Compensation Cases
Wrongful death in the workplace occurs when an employee dies due to a work-related injury or illness. Regardless of the circumstances, losing a breadwinner can leave families struggling to cope emotionally and financially.
Families of deceased workers may be entitled to benefits that can help ease the financial burden left behind. Workers’ compensation benefits for wrongful death provide support to the deceased worker’s dependents.
These benefits can cover funeral expenses, lost wages, and ongoing financial support. Accessing these benefits and getting the most from your claim can be done with the help of an Augusta personal injury lawyer with experience in these cases, like the team at John Foy & Associates.
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Filing a Lawsuit with a Wrongful Death Workers’ Compensation Lawyer in Augusta
Knowing who has the legal right to file a claim is an essential first step. In Augusta, eligibility to file a wrongful death workers’ compensation claim is determined by state law and follows a specific order of priority.
Immediate family members are typically the primary beneficiaries in these cases. This includes the deceased worker’s spouse and minor children. If no spouse or minor children exist, other dependents, such as parents or siblings, may be eligible to file a claim.
It’s important to note that your relationship to the deceased worker isn’t the only factor considered. Dependence on the worker’s income is also a key element in determining eligibility for benefits. Our attorneys can help you understand if you qualify and guide you through the process of establishing your right to file a claim.
Benefits Available in Wrongful Death Workers’ Compensation Cases
Wrongful death workers’ compensation benefits are designed to provide financial stability to the deceased worker’s dependents. Funeral and burial expenses are typically covered up to a certain amount set by state law. This can help alleviate the immediate financial burden families face after their loss.
Additionally, dependency benefits are provided to eligible family members to replace a portion of the deceased worker’s lost wages. The amount and duration of dependency benefits can vary based on factors such as the worker’s earnings and the number of dependents.
In some cases, benefits may also include coverage for medical expenses related to the work injury or illness that led to the death. Our Augusta wrongful death workers’ compensation lawyers can help you calculate the full extent of benefits you may be eligible for and fight to ensure you receive them.
The Process of Filing a Wrongful Death Workers’ Compensation Claim
Navigating the claims process can be overwhelming, especially when you’re grieving. However, understanding the steps can help you feel more in control and prepared for what lies ahead.
The first step is to notify the employer of the death immediately. This initiates the claims process and starts the clock on important deadlines. From there, you’ll need to gather documentation such as death certificates, medical records, and proof of dependency.
Filing the actual claim involves submitting the necessary paperwork to the Georgia State Board of Workers’ Compensation. This must be done within certain time limits, so you must act promptly once you have the forms. Our attorneys can handle the filing process to give your claim the best chance of success.
Challenges in Wrongful Death Workers’ Compensation Claims
While workers’ compensation provides benefits without the need to prove fault, wrongful death claims can still face obstacles. Being aware of potential challenges can help you prepare and understand the importance of working with an Augusta wrongful death workers’ comp attorney.
One common issue is disputes over the cause of death. Employers or insurance companies may argue that the death was not work-related or that pre-existing conditions were the primary cause. These disputes can delay or even deny benefits to deserving families.
Another challenge can be determining the correct beneficiaries, especially in cases with complex family structures. Additionally, calculating the appropriate benefits can be contentious, with insurance companies often trying to minimize payouts. Our experienced attorneys are prepared to tackle these and other challenges.
Your Next Steps Towards Justice and Compensation
Losing a loved one to a workplace accident is a tragedy that no family should have to face alone. If you’re grappling with such a loss in Augusta, know that legal options are available to help secure your family’s financial future.
Our firm is committed to standing by your side throughout this challenging process. Our experienced Augusta wrongful death workers’ compensation lawyers are ready to fight for the full benefits you deserve.
Don’t let confusion or uncertainty about the legal process prevent you from seeking the compensation you’re entitled to. Contact John Foy & Associates today for a free consultation. Let us be your advocates. Call today to schedule your consultation and secure your family’s financial future.
706-400-4000 or complete a Free Case Evaluation form