We are sorry if your loved one suffered from an occupational death.
We are committed to helping you gain understanding, fair treatment, and benefits during such a painful time.
According to the U.S. Bureau of Labor Statistics, Georgia had 193 fatal workplace injuries in 2020. Transportation incidents accounted for 41 percent of fatal injuries, while other common causes of workplace fatalities included falls, slips and trips, and deadly contact with workplace objects and equipment.
When a Georgia worker dies on the job or because of a work-related injury, employers are responsible for paying for funeral and burial expenses up to $7,500 and corresponding medical care. Generally, the fatally injured employee’s spouse or dependents would receive the income benefits. Unfortunately, even though a loss of life is a tragedy, insurance companies limit their legal obligations by: (1) examining the nature and cause of the accident and (2) potentially contesting the status of the spouse and legal dependents.
A Georgia worker fell from scaffolding, suffered a head injury, and was rushed to Wellstar Hospital. After two days at Wellstar, he died from his head injuries. The employer and insurance carrier are responsible for the ambulance and associated medical care related to the employee’s fall. Generally, if the Georgia worker has a spouse or minor children, the income benefits related to the workplace accident should flow to them as they may be considered dependents.
If there are no legal dependents, then the employer must pay the State Board of Workers’ Compensation “one-half of the benefits which would have been payable” to the dependent or $10,000, whichever is less. See O.C.G.A. § 34-9-358(a).
As you can see, the employer and insurance company have financial incentives to limit their responsibilities to the worker’s family.
Ramos & Law has handled several death claims with dignity and care. If you have found yourself in this unfortunate situation, we will help you through the process. Please schedule a free consultation or call us at (770) 637-0105.