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Understanding Death Benefits Under Georgia Workers’ Compensation Law

Q: What are the death benefits available under Georgia workers’ compensation law, and who is eligible to receive them?

A: In Georgia, workers’ compensation provides death benefits to the dependents of employees who die as a result of a work-related injury or illness. These benefits are intended to help the surviving family members cope with the financial losses and other expenses associated with the employee’s death.

Q: Who is eligible to receive death benefits under Georgia workers’ compensation law?

A: The following individuals are generally eligible to receive death benefits under Georgia workers’ compensation law:

  1. Dependents of the deceased employee: This includes the employee’s spouse, children, and other family members who were financially dependent on the employee at the time of their death.
  2. If the deceased employee has no dependents, the benefits may go to the estate of the deceased employee.

Q: What types of death benefits are available under Georgia workers’ compensation law?

A: The types of death benefits available under Georgia workers’ compensation law include:

  1. Burial expenses: The employer or insurer is responsible for paying reasonable burial expenses up to a certain amount.
  2. Weekly income benefits: The dependents of the deceased employee may be entitled to receive weekly income benefits that are based on a percentage of the employee’s average weekly wage. These benefits are subject to certain maximum and minimum limits.
  3. Lump-sum settlement: The dependents may be eligible to receive a lump-sum settlement in lieu of weekly income benefits. This settlement is typically calculated based on the present value of the future weekly income benefits.

Q: What is the maximum amount of death benefits that can be paid under Georgia workers’ compensation law?

A: The maximum amount of weekly income benefits that can be paid to the dependents of a deceased employee is $725 per week as of 2023. The total amount of death benefits that can be paid, including burial expenses and weekly income benefits, is subject to certain maximum limits.

Q: Are there any time limits for filing a claim for death benefits under Georgia workers’ compensation law?

A: Yes, there are time limits for filing a claim for death benefits under Georgia workers’ compensation law. Generally, the claim must be filed within one year of the employee’s death. However, there are certain exceptions to this rule, such as when the death was not immediately apparent or when the employer failed to provide the employee with the required workers’ compensation insurance coverage.

Georgia workers’ comp law provides death benefits to the dependents of employees who die as a result of a work-related injury or illness. These benefits include burial expenses, weekly income benefits, and lump-sum settlements. The maximum amount of death benefits that can be paid is subject to certain limits, and there are time limits for filing a claim.

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If you have lost a loved one due to a work-related injury or illness, it is important to consult with an experienced workers’ compensation attorney to ensure that you receive all of the benefits to which you are entitled. Please reach out to The Law Offices of T. Andrew Miller, LLC for a free consultation if you think you might be entitled to workers’ compensation benefits as a result of the death of a loved one. Call 678-605-9109.

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