Work Accident Death Claim Lawyers in Atlanta
The loss of a loved one is one of the most painful things a family will ever have to go through. Beyond the emotional devastation, the family faces economic losses as a result of a wage earner’s death. If your family member died in a work-related accident or as the result of an occupational illness, your family may have the right to seek benefits through workers’ compensation.
At the law firm of Hilley & Frieder in Atlanta, our lawyers represent families in cases of fatal accidents that happen on the job. We pursue compensation both from Georgia workers’ compensation and, when possible, from the civil justice system. Call 404-233-6200 for a free consultation. From our office in Atlanta, we represent families throughout the state.
We understand what a troubling time this is for you, and we know that the last thing on your mind right now is making difficult decisions about complicated legal issues. We are here to take those issues off your shoulders and be your advocate during this difficult time.
Fighting for Fair Compensation
In the event of a work-related death, dependents are eligible to make a claim for survivor benefits. Under Georgia law, spouses and children are considered presumed dependents. Others must be proven. Our attorneys have the experience and the commitment to help you fight for the benefits you are entitled to receive.
We know that employers and their insurance companies are motivated to settle these cases as quickly and cheaply as possible. We will be there with you throughout the process, working to ensure that you are treated fairly. If you have been offered a settlement, we encourage you to speak with one of our Georgia work-related fatalities attorneys before you accept it.
If your spouse or ex-spouse dies on the job, both you and your children have rights through workers’ compensation. After a spouse’s death, household income can be replaced through work comp dependency benefits that guarantee payment in the following circumstances:
- A husband or wife with dependent children may recover disability income benefits to age 65.
- A child, stepchild or grandchild who depended on the earnings of the deceased worker may recover dependency benefits.
- Children under age 18 and children who attend school to age 22 may recover dependency benefits.
- A dependent child with a disability has additional rights concerning dependency benefits.
Our experience in these matters has given us a clear understanding of the value of work-related death claims. We promise to pursue every available option in an effort to secure the maximum level of compensation available for you and others who were dependent on your loved one for support.
You have a right to recover benefits if someone you depended upon died on the job. Contact our firm to learn your workers’ compensation rights.
Total compensation payable to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $220,000.
For a spouse and children, the dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate when the child turns 18, but may continue to age 22 if the child is enrolled as a full-time student. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever provides greater benefits. For example, if a deceased employee is survived by both a spouse and children, the spouse can draw dependency benefits until age 65 if this is longer than 400 weeks.
The dependent children of a deceased worker are entitled to dependency benefits even if their parents are divorced. An experienced workers’ compensation attorney can make sure that each dependent child is paid the correct amount of benefits for the correct length of time.
Dealing With the Insurance Companies for You
Losing a family member is devastating. Our firm can help you aggressively pursue the full compensation you are entitled to under the law. Insurance companies often try to avoid their responsibility to pay workers’ compensation death claims. Here are some examples:
- Denying that the death was job-related. For example, we handled a claim involving a single truck accident that resulted in the death of a husband and father. The workers’ compensation carrier denied payments based on a flawed drug test. We recovered full benefits through a hearing.
- Claiming you do not need your spouse’s income
- Trying to avoid paying for children who did not live with the deceased worker
- Arguing about how much the deceased worker earned
Our lawyers will provide tenacious representation to ensure that your family recovers all of the compensation it is due.
Free Consultations for Families of Fatal Work Accident Victims
Ronald Hilley was the contributing attorney to this content.