Disability Law

Death Benefits Under Georgia Workers' Compensation: When The Unthinkable Happens

By Jack E. Clay

Death is a subject that most people do not want to discuss. Sometimes they don't have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client. Taking as much time as necessary to sit with potential clients during the first meeting in a serious injury or death case to get to know the person and their family is not only comforting but necessary.

Georgia's workers' compensation laws are fairly straight-forward except when it comes to income benefits. First, the workers' compensation insurer must pay for the final burial expenses, up to $7,500.00. Second, the insurance company must pay for the worker's final medical expenses. Third, certain primary and secondary beneficiaries can collect income benefits for varying periods of time. Without boring you with the legal details, the law speaks in terms of beneficiaries, not familial relationships. Many cases have been decided involving an award of income benefits to step-children, adopted children, parents, disabled adult children, and college students. It is best to speak with an attorney about these concerns. Likewise, the length of time one can collect benefits varies.

There is a cap on benefits in some cases. A surviving spouse with no dependents at the time of death can only collect up to $150,000.00. If there are no surviving beneficiaries or a spouse, the insurer must pay $10,000 to the State Board of Workers? Compensation to be placed into a general fund of the State of Georgia. The "trick" to these cases, often, is who is a beneficiary and who is not a beneficiary. This determination can only be made after careful review of facts of the case.

One of the most frequent questions I am asked is what else can we do outside workers' compensation. As I have written previously, personal injury lawsuits against an injured or dead worker's employer or statutory employer are, at best, very difficult. Most of the time, they are impossible. So, the search goes on in cases for viable third parties to sue which can be difficult to find in many cases. In other cases, there viable third parties that can be sued. The point again is to contact an attorney as every case is different.

Our office is here to answer any questions you might have about death benefits or other workers' compensation questions in a compassionate and respectful manner. Call us for a free consultation.

Full post as published by Georgia Law Blog on October 29, 2009 (boomark / email).