Death Benefits for Workers
The Workers’ Compensation Law exists to provide relief to injured workers after on-the-job injuries, but some injuries prove fatal. When injured employees do not survive their workplace accidents, workers’ compensation death benefits come into play to offer assistance to the deceased employee’s family and dependents.
The Atlanta fatal workplace accident attorneys at Cruz & Associates understand how difficult it is to experience the untimely death of a loved one. When fatal accidents happen in the workplace, our attorneys have the training and experience to handle workers’ compensation claims and look for all opportunities for compensation for victims’ families. Money cannot replace a lost loved one, but a bit of financial security after an unexpected death can provide peace of mind through a tragic and difficult time. If your loved one was fatally injured due to a warehouse accident, loss of a limb, or severe head or brain injury in Atlanta – contact the Atlanta workers’ compensation lawyers at Cruz & Associates to schedule a FREE initial consultation.
How Do Workers’ Compensation Death Benefits Work?
State workers’ compensation laws dictate who qualifies as a “dependent” of a deceased worker. Spouses are generally eligible unless their income exceeds a specific threshold. Children, stepchildren, and other dependents under the age of 18 qualify to receive death benefits. State laws sometimes allow children over 18 who suffer from debilitating medical conditions or diseases, or those enrolled in higher educational programs may qualify as well.
The state of Georgia allows for workers’ compensation death benefits including medical expense coverage, burial expenses, and weekly benefit payments to the deceased’s dependents. Burial and funeral expenses may not exceed $7,500, and medical coverage extends to all medical expenses resulting from the deceased employee’s final illness or injury. Workers’ compensation benefits for medical expenses ideally pay for all of a deceased employee’s medical expenses resulting from a work-related illness or injury.
Weekly benefits payments are usually two-thirds of the deceased employee’s average weekly wages, but each case will vary. Some states allow for more or less than this amount based on the financial situation of the dependent, how much money the deceased employee earned, and the other circumstances surrounding the death.
Anyone who was totally or partially dependent on the deceased employee may file a claim for workers’ compensation death benefits. Depending on the individual’s level of dependency, he or she may only qualify for partial benefits. It’s important for families to understand that the workers’ compensation system affects every case differently, and individual results will vary based on the State Workers’ Compensation Board’s findings.
When to Hire an Atlanta Fatal Workplace Accident Attorney
In some situations, workers’ compensation death benefits may be insufficient for a family’s losses. Other factors like employer negligence or bad faith practices from insurance carriers may come into play. In these cases, surviving family members of deceased workers need legal representation they can trust.
Dealing with the death of a family member is difficult, and encountering pushback or other roadblocks from the workers’ compensation system can make an already tough situation even worse. The attorneys at Cruz & Associates don’t shy away from complicated workers’ compensation cases, especially those involving death benefits. Contact our firm today to schedule a free case evaluation. We can help you find the best way of securing compensation for your lost loved one so you can focus on grieving in peace.