Death benefits in a workers' compensation case

When a work-related death occurs, the workers’ compensation law in Georgia provides benefits to dependents of the deceased worker.  One question that must be answered is what individuals were dependent on the deceased worker.  In some cases, there may be no dependents. In other cases, there are many.  

Individuals with a spouse and children  are automatically presumed to be dependent under the Georgia workers’ compensation law. This presumption means that the spouse and children do not have to establish actual dependence to receive dependency benefits.

It is also important to note that “children” does not just include biological children.  For purposes of dependency benefits, “children” can also  include dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock.

In addition to the spouse and children, other people who were dependent in whole or in part on the deceased worker can qualify as total or partial dependents.  However, in order to recover benefits, those individuals have to prove that they were actually dependent on the deceased worker.

How these various dependents are treated, along with how long benefits are to be received and in what proportion, are complex matters that can require guidance. 

If you  believe that you or a loved one may be entitled to dependency or death benefits but are confused about your entitlement, you should consider hiring an attorney.  At Kenneth R. Croy and Associates we can help you to understand your rights and pursue the workers’ compensation benefits that you are entitled to. If you live in Marietta or the Metro Atlanta Area please call 770-422-0574 or contact us via email to request a free initial consultation with an experienced workers’ compensation attorney