Types of Georgia Workers’ Compensation Death Benefits
Under Georgia statute, after the workplace death of a spouse or parent, the dependent spouse and minor children of the deceased are entitled to ongoing compensation equivalent to 2/3 of the average wages earned by the deceased employee each week. This is capped at a maximum of $500.00 per week, regardless of the deceased person’s salary.
Children will continue to receive these benefits until they turn 18 or until they turn 21 if they choose to attend college. Spouses without children will receive benefits until a total of $150,000 has been paid. In addition to the weekly compensation benefits, surviving family members are entitled to receive up to $7,500 to pay for funeral expenses.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$350,000 $350k for Knee Injury Caused by Tractor Trailer
Knee Injury Caused by Tractor Trailer
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$110,000 $110k for Car Accident Client With Back and Neck Pain
For Car Accident Client With Back and Neck Pain
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$400,000 $400k for Woman Who Sustained Neck Injury in Motor Vehicle Accident
For a Woman Who Sustained Neck Injury in Motor Vehicle Accident
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$1,600,000 $1.6 Million Wrongful Death
Anonymous Wrongful Death Case
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$497,000 $497k Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
How to Qualify For Workers’ Compensation Death Benefits in GA
Under Georgia law, the surviving spouse and any dependent minor children of the deceased have the right to claim compensation under workers’ comp. In order for the family to qualify for death benefits under workers’ compensation, the deceased must have died as a direct result of injuries sustained in a workplace accident. The injuries could be related to a number of different types of work accidents: falls, car accidents, fires, accidents with construction equipment, and other less common injuries.
This could include any accident occurring in the workplace or any accident occurring while performing his or her work duties in a location other than the workplace, provided he or she is performing required job tasks at the time of the accident. For example, a cable repair person killed while on site at a client’s house would be considered killed in the workplace. If an employee suffers medical complications due to exposure to dangerous chemicals or toxins while working and dies due to these complications, survivors are also entitled to workers’ compensation death benefits.
Unlike a standard wrongful death case, there is no need to prove negligence of the company or any third party to be entitled to compensation. Even if the accident was in part caused by the carelessness of the deceased worker, family members will not be disqualified from receiving workers’ compensation death benefits. There are only a few limited exceptions to this, such as if the worker was intoxicated on the job. Because of the wide definition of work-related deaths under Georgia workers’ compensation law, the dependent spouse and children of the deceased are usually eligible for benefits.
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My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
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I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
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The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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