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Work Related Death Attorney 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 pain of a life cut short, consideration must also be given to the economic loss that the family has suffered as a result of a primary wage-earner’s death. In cases where your loved one dies in the course of doing his or her job, surviving family members have the right to seek benefits through workers’ compensation.

At the law firm of Hilley & Frieder, P.C., we represent dependents in all aspects of work-related fatality claims. 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.

Call for a free consultation about your loved one’s job-related death. Contact our office at 404-233-6200.

How a Work-Related Death Lawyer in Atlanta Can Help

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.

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 the other people who were dependent on your loved one for support.

Common Causes of Worker Deaths in Atlanta, Georgia

According to the U.S. Bureau of Labor Statistics, there were 193 fatal work injuries in 2020 in Georgia. Nationwide, 4,764 workers died on the job in 2020. There are many accidents and disasters that can occur in the workplace and cause worker deaths. Some of the most common are:

If your loved one tragically lost his or her life while performing any type of occupational task or duty, you may be eligible for financial compensation. While no amount of money will ever make up for a loss of life, a fair financial recovery can help your family plan for the future.

Georgia’s Workers’ Compensation Act

Workers’ compensation insurance is a requirement for most employers in Georgia under the Workers’ Compensation Act. If an employee suffers a workplace injury or dies on the job, this insurance will pay for related expenses. Workers’ compensation benefits are a no-fault system. This means the recipient is not required to prove that the employer or another party was negligent to collect benefits.

Use these FAQs to learn more about Georgia’s Workers’ Compensation Act:

  • Is my loved one covered? Georgia law requires any employer with three or more employees to carry workers’ compensation insurance. Your loved one must have been an employee, not an independent contractor, to qualify.
  • How long do I have to file a workers’ comp claim? You must file a workers’ comp claim within one year of the date of the fatal accident or the date that your loved one passed away from his or her injury or illness.
  • How do I file a claim? Contact the State Board of Workers’ Compensation to obtain Form WC-14. You will fill out this form and submit it to the Board to file a claim.
  • How long do death benefits last? If you have no children, you can receive up to 400 weeks of benefits or a maximum of $270,000. With children, benefits can last until a minor turns 18 (or 22 as a full-time student).
  • Can I receive Social Security benefits and workers’ comp at the same time? Yes, although your Social Security benefits may be reduced if you are also receiving workers’ comp death benefits.

While hiring a lawyer is not mandatory to obtain workers’ compensation death benefits, it can make it easier to obtain the financial outcome that you deserve. Your lawyer can help you understand and navigate Georgia workers’ comp laws for the best possible case results. If possible, your lawyer can also help you file a wrongful death claim if this can provide a higher payout.

Workers’ Compensation Death and Survivor Benefits

The workers’ compensation system allows surviving dependents to collect financial benefits if a worker passes away. These are known as death and survivor benefits, and they are intended to ease a family’s financial burden after the death of the breadwinner. In Georgia, these benefits typically include:

  • Up to $7,500 to pay for the worker’s funeral and burial.
  • Up to $675 per week to make up two-thirds of the decedent’s average weekly wage.
  • An added penalty amount of 20 percent if the death of the employee resulted from an intentional act of the employer to cause the victim injury.

The financial compensation awarded for a worker’s death in Georgia is subject to statewide limitations. This damage cap is updated periodically. The amount available can also depend on the number of dependents. These benefits will be granted to certain surviving beneficiaries, such as a spouse and children.

Fighting for Fair Dependent Compensation

In the event of a work-related fatality, dependents are eligible to make a claim for survivor benefits. Under Georgia law, spouses and children are considered presumed dependents. Others must be proven. For example, if a child resides with his grandparents or other relative, workers’ compensation benefits can be recovered by the child for the death of a resident relative that provided support. Our attorneys have the experience and the commitment to help you fight for the benefits you are entitled to receive.

Schedule Your Free Consultation

To schedule a free consultation with our Atlanta workplace death law firm, please contact us today.

Ronald Hilley was the contributing attorney to this content.