Who Can Claim Workers’ Compensation Death Benefits?

A spouse, heir, or dependent of a deceased person (decedent) may be eligible to claim workers’ compensation death benefits. Sadly, a family member can die as a result of a workplace accident and injury. In this situation, partner with an Atlanta workers’ compensation lawyer, and they can help you during this emotionally taxing time for you and your family. 

Our team is empathetic and caring, and we put our clients’ best interests at the forefront of our day-to-day work. Contact us to learn how we may be able to help you get workers’ comp death benefits that help you and your family stay afloat financially.

What You Need to Know About Workers’ Compensation Death Benefits

In the aftermath of this loss, consult with an Atlanta wrongful death lawyer, and they can handle your workers’ comp claim while you and your loved ones care for each other. 

In terms of who can claim workers’ comp death benefits, a surviving spouse, child, or parent of a decedent may be eligible for them. These benefits can include compensation for a decedent’s medical bills, lost income, and funeral and burial expenses. A lawyer can guide you through the process of requesting benefits from a decedent’s employer. 

John Foy & Associates offers legal resources to those dealing with the loss of a loved one in a work accident. We prioritize your and your family’s needs and are here to assist you however we can. Request a free case consultation with our team. 

Reasons to File a Workers’ Compensation Death Benefits Claim

You do not expect a family member to lose their life at work. This worst-case scenario happens, and you and your surviving loved ones are unsure of how to respond. A workers’ comp death benefits claim may be the furthest thing from the top of your mind, but it may help you protect your family’s financial future. 

This claim allows you to request compensation based on a decedent’s lost income. It could help you receive compensation you can use to cover outstanding medical bills and other expenses relating to your loved one’s death. The claim may also help your family protect against debt. 

If you file a claim, you do not have to go through this process by yourself. A lawyer can handle your claim while you and your family prioritize your best interests. Your attorney keeps you updated and puts you in a position to secure fair compensation. 

How to Claim Workers’ Compensation Death Benefits

Complete Form WC-14 Notice of Claim and submit it to the Georgia State Board of Workers’ Compensation, the decedent’s employer, and their employer’s insurance provider. You must report an employee’s death within 90 days. There is a two-year statute of limitations for filing your claim. 

According to workers’ compensation law FAQs provided by the Georgia State Board of Workers’ Compensation, you could receive weekly benefit checks totaling two-thirds of a decedent’s average weekly wage. The maximum weekly amount you could get is $800. A widowed spouse with no children may recover up to a total amount of $320,000.

If you have concerns or questions about filing a workers’ compensation death benefits claim, ask for legal help. A lawyer can provide insights into the statute of limitations for your claim and other relevant topics. They can help you file the required paperwork and prove you deserve workers’ comp death benefits.

Evidence You Can Use in a Workers’ Comp Death Benefits Claim

Your lawyer can collect evidence to support your claim. The proof you provide helps you confirm your claim’s validity. Here are some of the evidence you can use in your workers’ comp death benefits claim:

• Death certificate that shows the relationship between a decedent and claimant
• Medical records that provide details about how a work accident led to a fatal injury
• Statements from witnesses who saw a fatal work injury happen
• Accident report relating to the incident that led to a worker’s death
• Documentation that highlights hazards or other work environment issues that contributed to a fatal work accident and injury

Your attorney focuses on getting the optimal case results. Meanwhile, you and your family members can handle your personal matters. As your claim moves forward, your lawyer will provide updates.  

What to Do If Your Workers’ Compensation Death Benefits Claim Gets Denied

You and your attorney commit time and resources to provide sufficient evidence and submit the necessary documentation for a workers’ compensation death benefits claim. Regardless, your claim is denied. Here are things you can do to dispute the initial decision against you. 

Submit an Appeal

You have the option to appeal the original decision via the Appellate Division. If you want to appeal, you have up to 20 days from the date you are notified about your denial to do so. Your lawyer can help you file your appeal promptly. 

Bring Your Case to the Georgia Supreme Court

If the Appellate Division upholds your denial, you can take your case to the Georgia Supreme Court. There is a 20-day window in which you are allowed to do this. 

Your lawyer can work with you to prepare an argument designed to show the Supreme Court that the prior decisions against you should be reversed. 

Present Your Case to the Georgia Court of Appeals

This represents the final stage of the appeals process. An appeal to the Georgia Court of Appeals is discretionary. At this stage, your lawyer continues to do everything within their power to help you get your claim approved.

Some or all of your workers’ comp claim can be denied. Your lawyer considers why your claim was rejected as they craft your appeal. Ideally, it is clear why your claim should be accepted, and there are no qualms about providing you with workers’ comp death benefits.

Get The Strong Arm on Your Side as You File a Workers’ Comp Death Benefits Claim

The team at John Foy & Associates understands the challenges you will face as you submit a workers’ compensation death benefits claim. 

We are here to assist you in any way we can. Schedule a free case consultation with our team.