Georgia Workers’ Compensation Death Benefits for a Deceased Worker’s Spouse and Family

At the injury law firm of Westmoreland, Patterson, Moseley & Hinson, our Macon workers’ compensation lawyers have over 200 years of combined experience representing family members throughout the state of Georgia who are still mourning a loss of their loved one. Just because you deserve compensation doesn’t mean that the insurance company or employer will play by the rules. Sometimes, you have to fight for the financial lifeline that will keep you and your family afloat. Let us fight on your behalf.

The statute laying out Georgia’s stance on compensation for workplace fatalities is covered in O.C.G.A. 34-9-265 (Compensation for death resulting from injury and other causes; penalty for death from injury proximately caused by intentional act of employer; payment of death benefits where no dependents found), which says:

(b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows:

(c) The compensation provided for in this Code section shall be payable only to dependents and only during dependency.

(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $270,000.00.

(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the dependents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury only if the employer had actual knowledge that the intended act was certain to cause such injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11.

(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay to the State Board of Workers’ Compensation one-half of the benefits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury. If, after such payment has been made, it is determined that a dependent or dependents qualified to receive benefits exist, then the insurer or self-insurer shall be entitled to reimbursement by refund for moneys collected in error.

There are several myths associated with the personal injury lawsuit process that you might be inclined to believe if you don’t talk to your attorney about the details beforehand. Some details can get confusing as your claim progresses.

When a worker is killed while on the job in Georgia, their surviving dependents may be eligible for workers’ compensation death benefits including:

It’s worth noting that compensation for non-tangible (non-economic) damages such as pain and suffering or loss of consortium is not generally covered by workers’ compensation.

How long death benefits last depends on the type of dependent seeking compensation and individual life circumstances. For instance, a spouse with no children is eligible for up to 400 weeks (over 7.5 years) of death benefit payments, up to a certain maximum amount. If the widowed spouse remarries or cohabitates in a meretricious relationship with a person of the opposite sex during that period, however, the benefits will be cut off. This 400-week maximum also applies to other financially dependent individuals, and their benefits may be reduced according to the level of dependency on the deceased worker.

For children of the deceased worker, they should receive benefits until they turn 18 if they’re not enrolled in school. If they can prove they are a full-time student, however, benefits may continue until age 22. Surviving children with disabilities may be paid compensation for as long as they remain unable to be self-supporting, even if that’s for the rest of their lives.

Under Georgia law, if a deceased worker had no spouse, children or any other dependents at the time of their work-related death, then their employer must pay half the amount they would have owed to dependents (had the deceased worker had any) or $10,000 to the State Board of Workers’ Compensation, whichever amount is less.

Under Georgia’s workers’ compensation system, an injured worker or their surviving dependents don’t have to worry about proving fault. This is because workers’ comp is a no-fault system, meaning compensation is owed regardless of who is liable for the conditions leading to the fatal injury. So even if the worker made a critical mistake that led to their death, their surviving spouse or children are still owed workers’ compensation benefits.

However, the key phrase cited in the Act regarding workers’ compensation in Georgia is that coverage only extends to an accident arising out of and in the course of employment. Sometimes, a company or their insurance provider will dispute or deny a workers’ compensation death claim under the premise that the deceased worker wasn’t engaging in work-related activities at the time of their fatal injury.