What Are a Family’s Legal Rights After a Workplace Death?

It is essential to know what are a family’s legal rights after a workplace death. Georgia workers’ compensation laws may require payments to be made to the estate of the person who died in situations where the incident occurred at work or during the course of work. 

Our Atlanta work injury lawyer encourages you to reach out to us to pursue full and fair compensation under this law and not assume the insurance company will treat you fairly.

Determining Eligibility for Work-Related Death Benefits

The family member, or more fittingly, their attorney, will negotiate a settlement on behalf of the deceased party for any losses incurred. Before you do this, it is critical to know all of your rights, including all potential dependents and all aspects of the law.

Several specific factors determine who is eligible for work-related death benefits:

• Spouse: If the person was in a legally recognized marriage, the spouse may be eligible to seek compensation for the losses incurred.
• Children: If there is no spouse, the children, including any child recognized by the law, could file a claim for losses incurred.
• Other parties: Depending on their relationship with the decedent, there may be some situations in which another party has a right to seek compensation.

The complexity of workers’ compensation law FAQs makes it beneficial for most families to seek the legal guidance of a lawyer prior to moving forward with a settlement. 

Doing so may help you to explore more ways to increase your claim’s value or to ensure you do not settle for less than owed. Our attorneys offer free consultations to help you get that process started.

Beneficiaries Could Receive Compensation Benefits

Under workers’ compensation laws in Georgia, a beneficiary may seek death benefits if their family member died as a result of work-related injuries or illness. 

These benefits include paid weekly and equal to two-thirds of the person’s average weekly wage. Several factors play a role in this:

• Compensation cap: The state has a compensation cap on the maximum weekly dependency, and this varies based on the date of the injury. Anything after July 1, 2016, is capped at $575.
• One beneficiary: If there is just one primary beneficiary (who is either the spouse or child of the deceased), that person receives full compensation.
• More than one beneficiary: In situations where there is more than one beneficiary, the payment is split based on the State Board’s decisions.
• Maximum payments: The state’s laws will cap a sole beneficiary (as a spouse) to no more than 400 weeks of payment from the date of the fatality or until they are no longer eligible. This cap is at most $230,000.
• Spouses reach age 65: Once a spouse reaches age 65, even if they have not received 400 weeks of benefits, they are no longer eligible to receive weekly benefits.
• Other eligibility requirements: In situations where the spouse remarries or cohabitates with another person considered their partner, they no longer maintain eligibility for workers’ compensation benefit payments for their deceased spouse.

Georgia law is complex, with numerous requirements and limitations. This is one of the key reasons it is often beneficial to work closely with a workers’ compensation attorney who can help you minimize risk and protect your claim. Allow our legal team to help you through this process, and review our FAQs to learn more.

Additional Benefits You May Receive

While the weekly payments tend to be the big component of the funds paid to spouses, there are often many other factors that add up as well. There may be additional costs associated with the death of the individual. Some examples of additional payments paid by workers’ compensation for qualified individuals include:

• Funeral and burial expenses: This is capped at no more than $7,500.
• Intentional acts penalty: In situations where there is evidence that demonstrates the injury that caused death was an intentional act caused by the employer, a penalty of 20% of the weekly benefit, up to a total of $20,000, may be applicable.

If you believe you are owed additional compensation after the death of your family member, contact our workers’ compensation attorneys in Georgia for immediate help. We strongly encourage you not to wait to seek help. You have one year from the date of the accident to take legal action, and we can help you.

How Our Workers’ Compensation Attorneys Can Help You

There is nothing we can say or do that will make the loss of your family member easier, but we can help you fight for the compensation you are owed in these situations. 

Those funds may help you rebuild your life and may also support you in getting justice for your lost family member. There are several ways our attorneys will guide you:

• We maximize your claim qualifications: If you are owed compensation, we will determine what that is and negotiate aggressively with the insurance companies.
• Appeal denials: If your claim is denied, we encourage you to seek our legal guidance before you appeal. Let us shore up your claim to minimize the risk of not receiving the compensation you are owed.
• Protect your rights: Fighting for your rights is one of the core benefits of working with our legal team.

You may not be sure you have the right to death benefits after your loved one’s fatal accident or illness. Instead of wondering whether you have the right to do so, seek legal action now with the help of our trusted team. Contact us to discuss your case, and be sure to review our prior case results.

Call Our Georgia Workers’ Compensation Attorneys Now

At John Foy & Associates, we know there is a tough road ahead. Let our workers’ compensation attorneys in Georgia fight to make moving forward as easy as possible. 

Contact us now for a free consultation to discuss your rights.