What Are My Rights if My Wife Died in a Workplace Accident?

What are my rights if my wife died in a workplace accident? When an employee dies while working, an employer may be held accountable for that loss, and that often means workers’ compensation benefits must be paid.

Our Atlanta wrongful death lawyer helps people get the financial compensation they need in such horrible situations by ensuring that employers’ and workers’ compensation pays them fairly.

Workers’ Compensation May Owe You Benefits

When an employee dies while working, an employer may be held accountable for that loss, and that often means workers’ compensation benefits must be paid. In these situations, the state has very specific requirements (workers’ compensation law FAQs) on who can receive compensation as well as the type of compensation paid. As a workers’ compensation attorney, we know exactly how to hold those who are responsible accountable by maximizing any payments you are owed, including:

• Final costs for burial and funeral arrangements: You can claim reasonable expenses associated with the final arrangements for your wife. This may include costs up to $7,500.
• Medical costs: Any medical costs associated with the injury and until a person’s death may also be applicable. This includes any life-saving measures taken in the days or weeks after the person’s injury.
• Death benefits: As the spouse, you may also be entitled to compensation paid to you for the income you will no longer receive from your spouse, up to two-thirds of the value of their average weekly earnings paid out for as long as 400 weeks.

If there are other costs related to the accident or a person’s injury and death, be sure to let our legal team take a closer look at them. Our attorneys know how hard this can be for you, especially when you are faced with such a significant change to your future. 

That is why we work closely with our clients to ensure their needs are always met and why we are so heavily involved in the community.

You Must Meet Specific Requirements to Qualify

To receive workers’ compensation death benefits for your wife, you must show that you were married at the time of the divorce in a marriage recognized by the state. It is also necessary to identify all your wife’s dependents. There are specific rules that apply here:

• As a spouse, you have the right to compensation if you were living together and were not living separately for a period of 90 days immediately prior to the accident that caused the death, and if so, you are considered to be dependent on your wife for support
• A child is anyone who is under the age of 18 or enrolled in high school full-time, a child over the age of 18 who is physically or mentally incapable of earning a livelihood, or a child under the age of 22 who is a full-time student or the equivalent in post-secondary education.

A child could include any identified dependent, including a stepchild, a legally adopted child, acknowledged children born out of wedlock, and posthumous children. It does not apply to any child that is married, even if they meet other qualifications. Keep in mind that this could include family members who are not biologically related to your wife.

Death Benefits May Have Limitations

The state will pay compensation to you, as the spouse, based on the average weekly earnings up to a value of $675 per week, for all accidents after July 1, 2019. This means that as long as you prove you qualify, you will receive benefits for your wife’s death on an ongoing basis. There are several instances in which this will change:

• You can maintain benefits for as long as 400 weeks, starting with the week of your wife’s injury and on an ongoing basis.
• You cannot earn more than $270,000. If you reach that amount before 400 weeks, your benefits end then.
• If you remarry or live with another person of the opposite sex or within a relationship with them, your benefits will end at that time.
• Benefits continue until you reach the age of 65, qualify for Social Security, or meet the other factors.

In these cases, it is important for you to know that your family member’s death does not automatically allow you to recover these damages. You must apply for the death benefit and do so with evidence to support your claims. 

Our workers’ compensation attorney in Georgia can guide you through this process to limit the risk of not getting the compensation that is owed to you if your wife died in a workplace accident.

How Our Workers’ Compensation Attorney Can Help You After Your Wife’s Death

You are not alone in this process when you hire John Foy & Associates to help you navigate the legal process ahead. We strongly encourage you not to settle your case until you speak to our workers’ compensation attorney. There are several ways we can help you after the death of your loved one:

• Ensure you are treated fairly: Workers’ compensation is not on your side, and they do not owe you any level of support beyond what you prove you are owed. As a result, it is best that you have an attorney ready to fight for you and guide you through this process.
• Prove your claim and all losses: We will gather all data in your case and work with you to verify that you are owed compensation based on your wife’s death, your dependency on that income, and any other losses owed to you.
• Support you in overturning denials: If your initial claim was denied, allow our legal team to help you appeal it.

There is quite a bit at risk here. With the help of our attorneys, we can guide you in recovering fully and fair compensation owed to you. There is nothing we can do to bring back your loved one or make this easy, but we can help you through the legal process and our FAQs section has more information as well.

Set Up a Free Consultation with Our Attorneys Now

You need to know what your rights are if your wife died in a workplace accident. Our Atlanta workers’ compensation attorney can answer those questions. 

Call John Foy & Associates now to schedule a free case review.