The loss of a loved one due to a fatal accident at work can devastate the surviving family emotionally and financially. Our workers’ compensation lawyers work sensitively and effectively to help families obtain much-needed payments to help cover funeral expenses, medical bills, and lost income.
If a fatal workplace injury or illness has affected your family, a Rome death benefits attorney from our team can help and support you at this difficult time.
Commonly Asked Questions About Workers’ Compensation Death Benefits
We have prepared this guide to answer commonly asked questions about workers’ comp death benefits and explain how the legal process works.
For a free legal consultation with a death benefits lawyer serving Rome, call (404) 888-8888
Who Is Entitled to Workers’ Comp Death Benefits in Rome, GA?
Per O.C.G.A. § 34-9-13, primary death benefit payments go to the spouse and the dependent children of the deceased (provided the spouse was not living separately from the decedent for at least 90 days before the accident). Dependent children include biological children, dependent stepchildren, legally adopted children, and acknowledged children born out of wedlock.
If there are no primary beneficiaries, individuals who can demonstrate they were dependent on the deceased for at least three months may be entitled to receive these benefits.
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What Qualifies as a Work-Related Injury, Illness, or Death?
According to the Georgia State Board of Workers’ Compensation (SBWC):
“Any injury, illness or death arising out of and in the course of employment is by definition a compensable work-related claim. This means if employees are injured while performing assigned job duties during assigned work hours, they are covered under the workers’ compensation program.”
Workers’ compensation does not cover injuries, illnesses, or deaths that occur on break or while commuting to and from work.
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What Payments Do Workers’ Compensation Death Benefits Cover?
Under Georgia state law, the following types of benefits are available:
- Funeral and burial costs up to a maximum amount of $7,500, per O.C.G.A. § 34-9-265
- Medical expenses to cover costs related to the workplace accident, including doctor visits, hospital stays, diagnostic tests, surgical procedures, and prescription medications
- Income replacement payments equal to two-thirds of the deceased worker’s average weekly wage, capped at a maximum of $725 for accidents occurring on or after July 1, 2022, per SBWC
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How Long Are Death Benefits Paid?
According to O.C.G.A. § 34-9-13, weekly payments for dependents will continue for up to 400 weeks or until the spouse reaches age 65 (whichever is longer). Per SBWC, spousal payments cease when the total sum of benefits reaches $290,000 or they remarry or begin living with a new partner.
Dependent children will receive benefits until they reach age 18 (or age 22 if they are a full-time student). Payments for surviving children living with disabilities will continue indefinitely if they cannot support themselves.
How Long Do I Have To File A Workers Comp Death Benefits Claim in Georgia?
Per O.C.G.A. § 34-9-82, surviving families must file their claim within one year of their loved one’s passing.
How Can a Rome Death Benefits Lawyer Help Surviving Families?
We understand how painful and difficult it can be to lose a loved one in a workplace accident, and we would like to extend our condolences to you and your family at this sad time. We know you likely want to focus on the personal details that need to be taken care of right now and spend time with your loved ones.
The rules and laws related to workers’ compensation death claims are complex. Our Rome death benefits lawyers help our clients by managing every aspect of their claims, ensuring we submit all paperwork to the insurance company promptly and within state-mandated time limits. Mistakes made during the application could delay your claim or, in the worst-case scenario, result in a denial, so our assistance can help to streamline the process.
If the insurance company has denied your claim, your Rome workers’ comp death benefits attorney will help you to appeal the decision and fight for the benefits you and your family deserve. We will help you compile the information needed to support your claim and ensure we fill out and file all forms correctly. We are always available if you have questions.
How Do I Find a Death Benefits Attorney Near Me in Rome?
Help is just a phone call away with the Bader Scott Injury Lawyers team. We offer a free initial consultation and have offices in Atlanta, Carrollton, Savannah, Smyrna, and Norcross. If we can help, we’ll provide our legal services on a no-fee guarantee basis. This means there are no upfront costs for you to pay; we recover our fees from a capped percentage of your benefits.
We help families in a wide variety of workers’ comp death benefits cases, such as:
- Being struck by objects or equipment
- Construction or extraction accidents
- Exposure to harmful substances or environmental hazards
- Faulty machinery
- Fires and explosions
- Healthcare occupation accidents
- Lack of safety training
- Slip, trip, and fall accidents
- Transportation accidents
There are many other possible causes of workplace accidents, so please reach out if your circumstances are not listed above.
Getting Help with Your Claim for Death Benefits in Rome, GA
Losing a loved one due to a workplace accident or illness is devastating. We know money cannot compensate for your grief, but it can help ease the burden of worrying about your family’s financial stability.
Because we practice solely in personal injury and workers’ compensation law, we are well-positioned to provide the experience, focus, resources, and knowledge required to help you and your family get all the benefits you are entitled to. To learn more about how a Rome death benefits attorney from our team can help, call and schedule a free consultation with our team today.
Call or text (404) 888-8888 or complete a Free Case Evaluation form