If your loved one died from a fatal workplace accident, Bader Scott Injury Lawyers offers our sincere condolences. We have served injury victims and their families for over a decade, so we understand the challenges you face during an already difficult time. Let us navigate your insurance and legal issues while you focus on your family and healing from your loss.
Our Savannah death benefits attorneys can assist with your workers’ compensation claim and determine if you have grounds for a wrongful death lawsuit against a liable third party. We will fight to protect your family’s financial security in the wake of your loss. We offer compassionate, reliable representation for no upfront fees.
What Compensation do Death Benefits Provide?
The U.S. Bureau of Labor Statistics (BLS) reports that around 200 workers die yearly in Georgia due to a fatal work injury. So, if you lost your loved one because of injuries sustained in an on-the-job accident in Savannah, you could seek death benefits through workers’ compensation.
According to O.C.G.A. § 34-9-265, death benefits include:
- Medical bills. Workers’ compensation will continue to cover the deceased’s medical bills until their accident-related treatment is paid for. Coverage includes the cost of emergency treatment, hospitalizations, medical travel expenses, medical equipment, surgeries, medications, palliative care, and hospice.
- Funeral and burial costs. You can receive up to $7,500 to pay for your loved one’s funeral and burial. You can use the compensation to pay for services, caskets, headstones, plots, cremation, urns, and other necessary end-of-life expenses.
- Wage compensation. Workers’ compensation pays qualifying dependents up to two-thirds of the deceased’s previous weekly wages, not to exceed $725 per week for up to 400 weeks.
For a free legal consultation with a death benefits lawyer serving Savannah, call (404) 888-8888
Who Qualifies for Death Benefits?
According to the Georgia State Board of Workers’ Compensation (SBWC), employers with more than three employees (including part-time workers) must provide workers’ compensation insurance. Therefore, your loved one’s medical coverage and other benefits began on their first day on the job.
However, only qualified survivors can receive death benefits following a loved one’s fatal accident. Eligible survivors include the deceased’s:
- Unmarried, dependent children under age 18 (including adopted children and posthumous children)
- Unmarried, dependent children under age 22 (if enrolled as full-time students)
- Partial dependents (if no eligible total dependents exist)
Eligible family members can receive compensation for up to 400 weeks or until the dependency ends. The only compensable death benefit would be funeral and burial expenses if the deceased had no dependents. The law allows one year from your loved one’s death to pursue a workers’ compensation claim.
Savannah Death Benefits Lawyer Near Me (404) 888-8888
Our Attorneys Can Protect Your Right to Receive Workers’ Compensation
You do not have to prove that another party is liable for your loved one’s fatal injury to receive workers’ compensation. However, some issues can arise with your claim that our Savannah death benefits lawyers can assist with. For example:
- An employer could claim your loved one’s accident was due to gross negligence (i.e., they were drinking on the job or hurt themselves purposefully)
- An employer can allege your loved one’s injury did not occur in the workplace or was not their cause of death
- Discrepancies may exist regarding your wage replacement benefits and your loved one’s previous wages
- Insurance may deem some medical treatments unnecessary and refuse to provide coverage
Our lawyers can defend your right to receive death benefits. We will draft and file your claim and submit evidence proving your loved one’s fatal injury occurred at work through no fault of their own. We will then aggressively negotiate for the maximum available benefits. Our team can obtain the following:
- Surveillance video or cell phone footage of your loved one’s accident
- Eyewitness accounts
- Medical records
- Wage records
- Official accident reports
- Testimony from medical professionals, economists, and vocational experts
Engaging the services of our attorneys from day one can relieve you of the time and effort involved in pursuing a workers’ comp claim. Our attorneys can also help you avoid common problems that can harm your chances of securing benefits.
Additionally, if you have already received a denial of your initial claim, we can prepare an appeal and represent you throughout the process.
We May Be Able to Pursue a Wrongful Death Lawsuit
Workers’ compensation laws prohibit you from suing a covered employer. However, you can pursue a wrongful death lawsuit against a third party if their reckless, wrongful, or negligent actions caused your loved one’s fatal injury.
Our attorneys can investigate your loved one’s accident and determine if you have grounds for a claim or lawsuit. You could recover your loved one’s medical bills, funeral and burial expenses, and other damages not available through workers’ compensation, including:
- The total value of your loved one’s lost wages, benefits, and earnings (not just a portion), including wages they would have earned, had they lived
- Loss of the deceased’s household services
- Loss of your loved one’s advice and counsel
- Loss of your loved one’s care and companionship
Legal action is open to the deceased’s surviving spouse, children, or parents (in that order). According to O.C.G.A. § 9-3-33, you have up to two years from your family member’s passing to file a lawsuit. We can handle your case and will pursue a successful outcome in trial if necessary.
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Our Lawyers Help Injured Workers Throughout Georgia
We have helped clients from across Georgia get the personal injury and wrongful death compensation they deserve. We handle job-related injury cases and death benefits claims stemming from a variety of workplace accidents, including:
- Car and truck accidents
- Construction accidents
- Slip and falls/falls from heights
- Gas explosions and fires
- Heavy machinery accidents
- Chemical exposure
- Industrial accidents
We know money cannot take away your grief, but it can help you and your family secure the necessary resources to move forward. So let us help you get started down the road to financial recovery.
Our Death Benefit Lawyers in Savannah Can Start on Your Case Today
Contact us today to connect with a Savannah death benefits attorney who can fight for you. Bader Scott Injury Lawyers offers free consultations and takes cases on contingency.