Did you lose a loved one due to an on-the-job accident in Carrollton, Georgia? In this situation, you may have a chance to claim benefits through the state’s workers’ compensation program. These benefits can help your family handle the financial strain of losing a loved one.
We understand that financial coverage cannot make up for the loss of your family member. However, these benefits may help reduce the pressures you feel as you care for your family. Find out more with a Carrollton death benefits attorney from Bader Scott Injury Lawyers.
What Accidents Qualify for Workers’ Comp Death Benefits in Carrollton?
The state of Georgia uses specific laws to determine who qualifies to receive workers’ comp benefits after a deadly accident. Only some employers must offer these benefits, for example. You may have a case if your family member worked for an employer subject to the workers’ comp act with at least three employees.
Other employers may voluntarily carry workers’ comp coverage. If they do so, you may have a chance to seek death benefits following the loss of your loved one.
Additionally, you can only seek benefits if:
- The fatal accident occurred at work and as part of a job activity
- The accident occurred in Georgia
- No affirmative defenses exist for the injury
Affirmative defenses include mitigating circumstances that remove an employer’s responsibility to cover your losses. For example, if the fatal accident occurred while your family member was impaired by alcohol, you may not receive workers’ comp death benefits.
If your situation meets all these qualifications, you may be able to request benefits under O.C.G.A. §34-9-265. However, there is a statute of limitations under O.C.G.A. § 9-3-33 that limits you to two years. That means you must file a claim within this time frame, or the filing process will be difficult after this time has expired.
For a free legal consultation with a death benefits lawyer serving Carrollton, call (404) 888-8888
Who Can Request Death Benefits in Carrollton?
Many family members wonder who can legally request benefits after the loss of a loved one. In Carrollton, you may file a claim if you lost your spouse, parent, or guardian in many cases. However, the regulations may vary based on your specific situation and who the employer is.
A Carrollton death benefits attorney can review your case to determine who can receive benefits in your situation. You can use this information to move forward with your legal claim and how to take legal action when needed. An experienced attorney can determine who is responsible and the best next steps to take in the legal process.
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What Kind of Death Benefits Can You Get in Carrollton?
Your family may qualify for two different types of death benefits after a workplace accident in Carrolton, GA. Depending on your situation, you may receive:
Funds to Cover Burial Expenses
The costs of holding a funeral and burial can become very expensive, placing financial strain on your family in an already challenging time. You may qualify to receive up to $7,500 to mitigate some of the costs associated with a burial or cremation in Carrollton.
In some cases, families only receive funds to cover burial expenses. This situation arises if the individual who passed did not have any dependents. Your Carrollton death benefits attorney can determine what benefits your family qualifies to receive.
In some cases, you may receive indemnity benefits after the loss of a loved one due to a workplace accident. These benefits go to the individual’s dependents. The amount of indemnity benefits you receive depends upon the average salary of your loved one.
Note that Georgia sets a maximum limit on the amount of indemnity benefits your family can receive every week. A death benefits attorney in Carrollton, GA, can discuss the maximum amounts for your family.
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What if an Employer Causes an Accident Through an Intentional Act?
Your family may receive additional death benefits if your loved one’s employer caused the accident through an intentional act. For example, if the employer knew that they were asking an employee to perform an act without appropriate safety gear and it caused a fatal accident, you could secure supplemental funds.
In this situation, the workers’ comp system adds a 20% penalty to the benefits paid by the employer. However, the 20% penalty cannot exceed $20,000.
You can find out more about this penalty and whether your family qualifies to receive it with a Carrollton death benefits lawyer. We will be able to guide you through the legal process and see what options are available to you.
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What Services Do Carrollton Death Benefits Attorneys Offer?
A Carrollton death benefits attorney will be able to help with all your legal needs if you lost a loved one in a work accident. Members of our team specialize in handling workers’ comp claims in Carrollton, including for families after a fatal accident.
- Review the situation around the workplace accident
- Gather evidence to show the accident occurred on the job
- Establish your connection as a dependent to your loved one
- Go over the types of benefits you could receive
We also monitor all deadlines for your claim, making sure we file all documents on time. Delaying too long can prevent you from filing a workers’ comp claim so make sure you reach out to us immediately for help.
We will answer your questions about the workers’ comp system in Carrollton and stand up for you when your family needs assistance the most. Allow us to provide you with compassionate and experienced support as you move forward with your claim.
How Much Do Carrollton Workers’ Comp Death Benefits Lawyers Charge?
Lawyers handling death benefits cases in Carrollton, GA, charge different rates for their services. In many cases, their prices vary based on their experience and record of success. You can discuss our rates with a risk-free consultation.
In addition to asking about rates, you may want to focus on other questions when reaching out to a workers’ comp death benefits attorney in Carrollton. For example, you can ask how many similar cases they’ve resolved, if you’ll always work with your lawyer, and how they stay in contact throughout your claim.
Talk to Us About Death Benefits for a Workers’ Comp Claim
Our team at Bader Scott Injury lawyers can help you after the loss of a loved one. We know a normal day at work can turn into tragedy with no predictability beforehand. Many factors go into consideration to determine how to handle a workers’ comp claim.
Contact a Carrollton death benefits attorney today to figure out how we can assist you in filing a workers’ comp claim. We will look at all the information and map out a legal course that best suits your circumstances. Call to speak with us directly or fill out our online contact form for assistance and we will get back to you as soon as possible.
Call or text (404) 888-8888 or complete a Free Case Evaluation form