Workers’ Compensation Death Benefits
If an employee is
killed in a work-related accident, or dies as a result of injuries or
diseases sustained from work, the employer/insurer is required to pay up
to $7,500 in burial expenses.
If your loved one lost his or her life in a
workplace accident, we can help you recover the damages you are entitled
Contact our Georgia law firm for more information. We understand that
nothing will replace your loved one, but obtaining the money you need can
help you move forward.
Benefits You Can Receive in Georgia – Advice
From a Skilled Attorney
Dependents of the deceased employee are also
entitled to the following benefits:
a. If the spouse is the sole dependent of the
deceased employee, the spouse is entitled to receive up to 400 weeks of
weekly benefit checks in an amount the deceased employee would have
received if he or she survived, but was totally disabled. In some cases,
the surviving spouse can receive benefits up to age 65 if it would provide
more weeks of benefits. The maximum amount a spouse without dependents can
receive is $150,000.
b. If the deceased employee has dependent
children at the time of death, the children are entitled to receive the
weekly benefit until age 18 or up to age 22 if enrolled and in good
standing in a post-secondary institution of higher education. A dependent
child over 18 may receive benefits if he or she is physically or mentally
incapable of earning a living. There is no cap on the amount a dependent
child can receive.
c. If the deceased employee leaves a spouse
and dependent children, the weekly benefit will be paid to the spouse for
the children’s benefit. If only dependent children remain, the children
will equally divide the weekly benefit.
d. Other persons who were wholly or partially
dependent on the deceased employee at the time of accident, such as a
parent living with the deceased employee, are also entitled to receive up
to 400 weeks of benefits if there is no surviving spouse or dependent
children. If the parent or other individual is only partially dependent
upon the deceased, the weekly benefit is reduced based upon the percentage
of dependency. For example, if the deceased employee paid 40 percent of a
parent’s monthly expense, the parent will receive only 40 percent of the
weekly benefit payment.
Q1. Is there a time limit to file a
claim for death benefits?
Yes. The surviving spouse and/or other
dependents have one year from the date of death to file a claim for
benefits with the State Board if the insurer does not voluntarily commence
Q2. My spouse was disabled and
received weekly disability benefits before dying as a result of the
injuries. Am I entitled to receive the full 400 weeks?
No. If your spouse received weekly benefits
before dying from the injuries, you must subtract the number of weeks paid
to the deceased from the 400 weeks.
Q3. I am receiving a weekly benefit
check because my spouse died from a work-related injury. If I re-marry
will my benefits be affected?
If the surviving spouse receiving benefits
ever re-marries, or lives with someone of the opposite sex in a sexual
relationship, benefits will cease.
Q4. I am under 18 and my father died
from a work-related injury. I was born out of wedlock. My father was
single when he died. Am I entitled to receive any
Yes. “Children” in workers’ compensation law
includes dependent stepchildren, legally adopted children, posthumous
children and acknowledged children born out of wedlock.