What Are My Rights if My Husband Died in a Workplace Accident?

When a family member dies as the result of a workplace accident, it is critically important to know your rights as the survivor. Georgia law makes it clear that the survivor should receive benefits, but the burden of requesting them is on your shoulders. 

For this reason, if your husband died in a workplace accident, hire an Atlanta wrongful death lawyer for legal guidance.

You Are Owed if Your Husband Died in a Workplace Accident

If your husband was killed in a workplace accident, Georgia workers’ compensation law FAQs state that the spouse has the right to receive several types of compensation. However, the specific values you receive are dependent on numerous factors. First, consider the types of benefits you may be owed:

• Final costs: You may be able to file a claim for funeral and burial costs. This equates to what the State Board of Workers’ Compensation defines as reasonable compensation for funeral and burial costs, up to $7,500.
• Loss of future income: As the spouse, you may be eligible to receive income equal to two-thirds of your husband’s average weekly wage as a form of replacement income. After July 1, 2019, this figure is no more than $675 per week.
• Medical expenses: The deceased worker is responsible for all medical expenses incurred as a result of the accident leading up to the death. This includes any life-saving measures taken from the date of the accident through their death.

Keep in mind that as a workers’ compensation claim, it is not possible to file for pain and suffering compensation in these situations. 

As your wrongful death attorney, we can guide you in determining if any other third party may be responsible for the pain and suffering your husband endured in some situations. In all cases, we will work to maximize your claim for all other losses, so be sure to review our FAQs section for more information.

Workers’ Compensation Death Benefits Can Be Long Term

The death benefit, or replacement income, paid to a spouse in a workers’ compensation fatality is meant to replace the income you would have received had your spouse continued to live. 

However, there is a limit on how long this will last in most situations. Several rules are applicable:

• 400 weeks: In most situations, if you are applying for death benefits with no children, you can claim benefits for up to 400 weeks or 7.5 years. At that time, the benefits stop no matter how much you were receiving.
• Cohabiting: If you cohabitate with another person in a meretricious relationship during that time, even if you are not married, your benefits will end.
• Maximum payable: Under Georgia’s laws, you can continue to receive death benefits up to $270,000. Even if that happens prior to 400 weeks, you cannot receive more than this amount in death benefits from the state.

These guidelines fall under GA Code § 34-9-265: Notice of Payment or Suspension of Death Benefits. These rules are hard to negotiate since they apply to all businesses that fall under workers’ compensation requirements in the state. As your attorney, we guide you in making sure you receive all that is allowable under the state’s laws.

Deceased Spouse with Children

If you and your spouse have a child, they will receive benefits under the law as well until they turn 18. If they are not enrolled in school or continue as full-time students, this may continue until the age of 22. The benefits are paid to you, as the parent, in most situations. 

However, if there is any question about the child’s parentage, that will be a stumbling block that our attorneys will help you work through as you pursue compensation.

How a Workers’ Compensation Attorney in Georgia Can Help You

After your husband dies, the last thing you may be thinking about is recovering damages for your losses, and you should not have to. Yet, financially, it can be critical that you have financial support to rebuild your life and move forward for your family. That is where our Georgia workers’ compensation attorneys can help you.

• Overcome denials: If you have already been denied benefits in your pursuit of workers’ compensation death benefits, do not appeal your case until you speak to our attorneys. Allow us to work closely with you to ensure you have the best opportunity to overturn that denial.
• Ensure you receive fair compensation: The amount of weekly income paid to you is dependent, in part, on your spouse’s previous income. Allow our legal team to ensure you are getting the right amount and that the employer does not deny you the ability to receive those funds.
• Fight to prove workers’ compensation: In some situations, our attorneys have to work with our clients to prove that their husband’s death was, in fact, workers’ compensation. If there is any question about this, allow us to work with you to prove this is, in fact, the case.
• Determine if others are responsible: In some situations, other parties may be responsible for your loved one’s death, including other workers, manufacturers, or third-party drivers. This may allow you to pursue pain and suffering claims.
• Remain by your side: Our team is compassionate, and we understand the complexities you are facing. You do not have to go through this on your own.

Put your legal worries in our hands. Allow our workers’ compensation attorneys to pursue full and fair support for you through this difficult time. Let us provide you with a free consultation to get started so you can see our results for yourself.

Contact Our Workers’ Compensation Attorneys Now for Guidance and a Free Case Review

John Foy & Associates is passionate about helping clients receive the compensation they are owed in such devastating situations.

 If your husband died while they were at work, do not assume workers’ compensation will treat you fairly but instead, let our team make sure that happens. Call us now to schedule a free consultation with our Atlanta workers’ compensation attorney for guidance.