Norcross, GA Death and Dependent Claims Attorney

Dedicated Lawyer Helping Families With Death and Dependent Workers' Compensation Claims in Norcross, Georgia

Receiving the news that your loved one has died in a workplace accident can be incredibly difficult to process. Alongside feelings of shock and grief, you may also be faced with the practical realities of trying to get by without someone you relied upon in your household. For legal help, reach out to a Norcross death and dependent claims lawyer.

At The Law Offices of John Morrison, we know how to handle workers' compensation claims involving fatal accidents, with over 20 years of legal experience. You can rely on our firm to provide you with supportive counsel and aggressive advocacy when you need it most, fighting for the benefits you deserve.

Are You Eligible to Receive Death Benefits as a Dependent?

When a worker dies because of a job-related injury, Georgia workers' compensation can provide death benefits to certain dependents. In general, a surviving spouse and dependent children are the people most often entitled to these benefits. Georgia law treats a spouse as a dependent in most cases, although issues can arise if the spouses had been living apart for a significant period before the fatal accident.

Dependent children can also qualify, including children under 18, children who are still enrolled full-time in high school, certain full-time college students under 22, and children who are physically or mentally incapable of earning a living. Georgia law also recognizes some stepchildren, adopted children, posthumous children, and certain acknowledged children born out of wedlock for the purposes of eligibility.

In some situations, other family members who relied on the worker for support may also have a claim as partial dependents. Whether someone qualifies can depend on the facts of the family relationship and the extent of financial support the worker was providing. If there is more than one dependent, weekly benefits can be apportioned among them.

Compensation Available Through Workers' Comp Death Benefits in Georgia

Georgia workers' compensation death benefits can include both burial-related expenses and ongoing weekly income benefits. Dependents can receive medical expenses related to the worker's final injury and up to $7,500 for funeral expenses. That can help a family handle some of the immediate financial shock that follows a fatal workplace accident.

Ongoing wage benefits are also available. In general, death benefits are paid at two-thirds of the deceased worker's average weekly wage, subject to the applicable state minimum and maximum.

Third-Party Claims for Fatal Workplace Accidents in Georgia

Workers' compensation is not always the only claim a family can pursue after a fatal workplace accident. If someone other than the employer contributed to the death, surviving family members may also have a third-party claim. This can happen when a fatal accident involves a negligent driver, a defective product, a careless subcontractor, or an unsafe property condition created by another company. Georgia workers' compensation law allows third-party actions in appropriate cases, which means a family may be able to pursue workers' compensation death benefits and a separate civil claim at the same time.

That difference matters because a third-party case can sometimes provide damages that workers' compensation does not. While workers' compensation death benefits are limited by statute, a wrongful death or other third-party claim may allow broader recovery under Georgia law, depending on the facts. The thing to keep in mind with these claims is that the employer's insurer could later seek reimbursement for death benefits after wrongful death compensation is paid out.

Meet With a Norcross, Georgia Death and Dependent Claims Lawyer

Losing a loved one in a workplace accident can leave a family overwhelmed with grief, bills, and painful uncertainty about the future. At The Law Offices of John Morrison, we help families pursue workers' compensation death benefits and evaluate whether there is cause for a wrongful death claim. Call 770-951-8900 or contact our Norcross, GA death and dependent claims attorney to schedule a free consultation.