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Atlanta, Georgia Workers' Compensation Attorneys - Workplace Fatality

Unfortunately, as Atlanta, Georgia Workers' Compensation Attorneys, we know that far to many individuals die each year while on the job. In fact, according to the Bureau of Labor Statistics, 107 workers in the state of Georgia died in 2011 due to injuries sustained in the workplace. Employees may be killed in a number of different types of work accidents, from falls to auto accidents to fires to accidents with construction or industrial equipment. No matter how a workplace fatality occurs, it is devastating and it often leaves grieving loved ones behind.

While there can be no true compensation for the loss of a family member in a work accident, Georgia law does provide benefits to the family members of deceased workers’ who are killed in on-the-job accidents. These death benefits are paid out under Georgia's workers' compensation laws.

To apply for death benefits based on a work accident, the eligible spouse and minor children of the deceased must follow specific steps including making their claim for benefits within deadlines provided under Georgia's workers' compensation laws. Grieving families should strongly consider turning to an Atlanta, Georgia Workers' Compensation Attorney to make sure claims are filed correctly and to advocate for them to get them the benefits that they deserve.

Claiming Death Benefits Through Atlanta, Georgia Workers' Compensation
When an employee is covered by workers' compensation and dies as a result of workplace injuries, death benefits are available to eligible family members. These family members include both dependent spouses as well as minor children of the deceased. In order to qualify for workers' comp death benefits, the injured worker must have been killed as a direct result of a workplace accident or must have died as a direct result of injuries sustained in a workplace accident.

Under Georgia law, there is a broad definition of what constitutes a workplace accident or a work-related injury. Death benefits, for example, can be paid if a worker died in an accident on the job site. Death benefits can also be paid if an employee was killed while performing required work duties at a location other than his customary work location, provided that the employee was engaged in required work at the time. If an employee is exposed to dangerous chemicals or toxins at work and dies as a result, then death benefits can also be paid.

There is no need to prove an employer was negligent, unlike in a standard wrongful death case, since Atlanta, Georgia workers' compensation death benefits aren’t based on negligence in any way. Furthermore, if the deceased employee contributed to causing his own death through carelessness, this will not disqualify his family members from receiving workers' comp death benefits except in very limited cases such as if the injury occurred when the employee was intoxicated.

Because there is a broad definition of work-related deaths, almost any person whose spouse or whose parent dies at work can be eligible for Atlanta, Georgia workers' comp death benefits. The key, however, is making sure to get legal help from an experienced Atlanta, Georgia Workers' Compensation Lawyer to file the claim correctly and to fight to receive the full compensation available under Atlanta, Georgia workers' compensation laws.

Types of Atlanta Workers' Compensation Death Benefits
Under Georgia law, when a person dies at work, his/her dependent spouse and minor child or children can receive ongoing income each week. This income is equal to 2/3 of the average wages earned by the deceased employee each week, up to a maximum of $500.00. Children are eligible to receive workers' comp death benefits until they turn 18 or until age 21 if they attend college. Widows with no children can continue to receive benefits until $150,000.00 has been paid out.

In addition to death benefits intended to replace the income of the deceased, Atlanta workers' compensation insurers will also pay funeral expenses of up to $7,500 for the deceased.

Getting Legal Help From An Atlanta, Georgia Workers' Compensation Lawyer
The workers' compensation death benefits available in the case of workplace fatalities can add up to a significant amount of money. As such, it is very important to consult with an experienced Atlanta, Georgia Workers' Compensation Lawyer to obtain legal help when your loved one is killed as a result of a work-related accident or injury.

At Sammons & Carpenter, we understand how difficult it is to lose a spouse or parent and we treat every case with the compassion and dedication it deserves. Let us put our knowledge of Atlanta, Georgia workers' compensation law to work for you in your time of need. Contact us today at 404-814-8949 or using our online form to learn more about how we can help.


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