When someone dies as a result of a workplace accident, Georgia workers’ compensation law may provide benefits to qualifying dependents, including a surviving spouse, children, or dependent stepchildren. These benefits are intended to help ease some of the financial strain that can follow the loss of a family member in a work-related accident. Our Atlanta workers' compensation attorney explains death benefits below.
Georgia workers’ compensation death benefits may include:
- Funeral and burial expenses. Reasonable burial expenses may be covered up to $7,500.
- Weekly income benefits. Qualifying dependents may receive up to two-thirds of the deceased worker’s average weekly wage, subject to the maximum rate in effect on the date of the accident. For accidents occurring on or after July 1, 2023, the maximum is $800 per week. For accidents occurring from July 1, 2022 through June 30, 2023, the maximum was $725 per week, and for accidents from July 1, 2019 through June 30, 2022, it was $675 per week.
If a surviving spouse is the sole dependent, total dependency benefits may be subject to a $320,000 maximum under current Georgia law.
Who Qualifies as a Dependent?
The definition of dependent focuses on who is affected by the deceased person’s loss of income.
- Surviving spouse. Legally married spouses qualify for benefits. Although if the husband and wife were separated for 90 days or more prior to the accident which resulted in the death of the deceased employee, the presumption of total dependence is rebuttable.
- Children. Children can receive benefits if they were born within the marriage, legally adopted, or are acknowledged children born out of wedlock. Posthumous children may also qualify.
- Financially dependent stepchildren. Stepchildren can receive death benefits only if they were financially dependent upon the deceased worker. This means that a stepchild who lived with the deceased worker for the majority of the year could receive benefits, while a stepchild who only visited on the weekends would likely not be eligible.
- Other financially dependent individuals. A person who can prove he or she was financially dependent upon the deceased worker for at least three months before the incident may be eligible for benefits if the deceased worker had no spouse or children. This exception to the standard beneficiaries is most often used for an elderly parent or a disabled sibling, but could also apply to non-related friends in some cases.
What Happens When There Are Multiple Beneficiaries?
When there are multiple beneficiaries, the full benefit payment is split between eligible parties.
If the deceased worker had both a spouse and child, the benefit is paid to the spouse for the benefit of both the spouse and child. If the deceased worker had no spouse and multiple children, the benefits are divided equally between the children and paid to the applicable legal guardian or guardians.
If the deceased worker had no spouse or children, but multiple other dependent individuals, the totally dependent person is considered a primary beneficiary. If no single individual was totally dependent upon the deceased worker for support, all other beneficiaries can receive partial payments according to their level of financial dependency.
How Long Do Death Benefits Last?
How long Georgia workers’ compensation death benefits continue depends on the type of dependent receiving them.
A surviving spouse who is the sole dependent may receive benefits subject to a current maximum of $320,000 for injuries occurring on or after July 1, 2023. A spouse’s dependency generally continues until remarriage or until the State Board determines that the spouse is continuously cohabitating in a marriage-like relationship that includes financial or other economic support. Georgia law also provides that dependency for a spouse generally ends at age 65 or after 400 weeks of benefits, whichever provides the greater benefit.
For dependent children, benefits generally continue until age 18. However, a child enrolled full time in high school may continue to qualify, and a child under age 22 who is a full-time student in good standing at a postsecondary institution may also remain eligible. A child who is physically or mentally unable to earn a livelihood may continue to qualify beyond these age limits while that dependency remains.
Other individuals who relied on the deceased worker for financial support may qualify as wholly or partially dependent based on the circumstances at the time of the accident. When there is no person who qualifies as wholly dependent, benefits may be paid to partial dependents and divided according to the extent of their dependency.
How Can I Protect My Right to Benefits?
If you are struggling to receive the appropriate workers’ compensation benefits following the death of a loved one, retaining legal representation is recommended. An attorney who is experienced in claims involving fatal accidents can advocate for your needs throughout the process. Since a workers’ compensation attorney will also handle all necessary paperwork and communication with the insurance company on your behalf, this will free you to focus on helping your family through the grieving process.
Let Us Handle Your Georgia Workers' Compensation Death Benefits Claim
At Rechtman & Spevak, our accomplished injury attorneys have helped countless Georgia families receive the benefits they need and deserve after the work-related death of a loved one. Contact us today to schedule an appointment for a free, no-obligation initial consultation to discuss the details of your claim, and learn more about your legal rights and options.
