A Guide to Workers’ Compensation Death Benefits

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Workers’ compensation death benefits provide financial support to the surviving family members of a worker who has died as a result of an accident or illness related to their job. This guide will provide an overview of what workers’ compensation death benefits are, how they are determined, who is eligible to receive them and how atlanta worker comp attoreny can help you in this matter. By understanding these topics, you can ensure that your loved ones receive the financial support they need in the event of a tragedy.

What are Workers' Compensation Death Benefits?

Atlanta worker’s compensation death benefits are typically paid to the employee’s beneficiaries after a work-related death. These benefits provide financial assistance for survivors of the deceased worker and their children and other dependent family members.

The purpose of these benefits is to compensate an employee and their dependents for financial losses that result from death before retirement age. The amount that is paid out will depend on how much the deceased worker was earning at the time of their death, as well as how many years they had worked with their employer.

Types of Workers Compensation Death Benefits

Nobody wants to  consider losing their life due to a workplace accident. But if it does, it’s comforting to know that any dependents would be cared for.

The spouse, minor children, and any other dependents of the deceased worker are given death payments under workers’ compensation. They are eligible for different types of benefits including:

  • The Expense of Burial or Funeral

Depending on where you live, you may be entitled to compensation for funeral and burial costs ranging from $800 to $85,000. The majority of states offer between $5,000 and $10,000.

  • Lost Wages

Indemnity benefits typically give weekly installment payments equal to two-thirds of the deceased’s average weekly wage—up to a maximum amount that fluctuates based on inflation and is defined by each state—to enable the deceased’s dependents to meet their financial commitments despite the loss of income.

  • Medical Costs

If your loved one received medical treatment prior to passing away as a result of an occupational disease or accident, their employer’s workers’ compensation insurer should be responsible for paying these expenses.

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Death Compensations For Funeral and Burial Costs By State

There are many factors that contribute to a person’s eligibility for death benefits, including if they have been employed by an employer with more than 50 employees or if they have worked in certain occupations such as construction, mining, manufacturing, and transportation.

Despite the fact that the precise amount of damages that families can receive after a loved one passes away at work varies depending on where they live, every state offers at least some death claim compensation for a deceased worker.

Death Compensations in Atlanta, GA

Families in Georgia who lose a loved one in an accident at work are eligible to collect payments under the workers’ compensation law. The following compensations are made.

Burial Costs in Atlanta, GA

O.C.G.A. 34-9-265 (b) (1) talks about the burial expenses. According to this clause, the dependents of the dead shall be reimbursed for reasonable funeral costs up to a maximum of $7,500. This precise figure was established by law (O.C.G.A. 34-9-265). 

Sadly, it makes little difference whether the funeral, burial, or cremation is more expensive. The family is only entitled to $7,500 toward burial costs. This is the sole compensation the deceased will receive if there are no dependents.

Indemnity Benefits in Atlanta, GA

Only dependents are eligible to receive benefits when someone passes away on the job, excluding burial costs. The possible benefits are also outlined in O.C.G.A. 34-9-265. 

According to this clause, dependents are eligible for various benefits depending on the time of the decedent’s death. The dependents will be qualified for benefits under O.C.G.A. 34-9-261 if the death resulted from an on-the-job injury and happened promptly. 

The beneficiaries can obtain indemnity compensation even if the death happens after the injury but as a result of the injury. The deceased’s average weekly pay at the time of the accident, not the death, determines the amount of these benefits.

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Who is a Dependent?

In workers comp claim, a dependent is a person who depended on the dead employee to maintain their quality of life. There are two types of beneficiaries. First in line to receive your death benefit is your primary beneficiary. 

A secondary or contingent beneficiary will take over if the primary beneficiary passes away before you do. Some people may specify a final beneficiary, who will get the assets in the case that the primary and secondary beneficiaries pass away first.

Primary Beneficiaries

As per O.C.G.A. 34-9-13(b),

The following individuals will be inarguably presumed to be the next of kin fully reliant on the departed employee for support:

  1. A wife or husband, unless the woman and husband had been living apart for 90 days before the accident.
  2. The employee’s child if:
  • The youngster is less than 18 or is a full-time student.
  • The child is older than 18 and physically unable to support themselves; or
  • The kid is enrolled at a postsecondary institution of higher education full-time or equivalently and is under the age of 22.

Secondary Beneficiaries

Those who were the deceased’s dependents but who are not their spouse or children are referred to as secondary beneficiaries. They need to show that, for at least three months before the deceased’s death, they were dependent on the deceased. This is a factual issue that can be supported by evidence.

For example, a 55-year-old guy who had never wed and had no children, but who also resided with his 80-year-old mother. He covered her grocery and rent costs. Tragically, he died due to a workplace accident. If you are able to demonstrate that the mother was a dependent, she can receive temporary total disability death benefits through testimony and financial records.

How is the death benefit calculated in Atlanta?

The death benefit is the lump sum of money that the employer pays to the worker’s family in the event of a work-related death.

Death benefits are often only 2/3 of the dead employee’s total weekly income. Based on the 52 weeks prior to the victim’s passing, the gross weekly pay is calculated.

The death benefit is calculated by multiplying the average weekly wage by weeks worked. For example, if you earn $1,000 a week and have worked for 15 weeks, your death benefit would be $15,000.In Georgia, employers are required to pay workers’ compensation benefits for an employee who dies from an injury or illness caused or aggravated by work.

Workers' Compensation Survivor Benefits For The Deceased Family in Atlanta

A retiree can guarantee their dependents a continuing lifelong pension after death under the Survivor Benefit Plan (SBP). An eligible beneficiary receives the SBP annuity, which is based on a portion of retired pay. It provides a monthly income adjusted for inflation to your qualified survivors.

A monthly sum is given as a survivor benefit to a qualified survivor. The beneficiary you designate on your beneficiary designation, who may or may not be a family member, would typically receive the death benefit in a lump payment.

People who qualify for survivor benefits are 60 or older widows or widowers (age 50 or older if they have a disability). A divorced spouse who has survived, in specific situations. A widow or widower, regardless of age, who is taking care of a kid under 16 or with a disability while also receiving child benefits.

Timeline To Get The Compensation For The Surviving Family in Atlanta

When can I get compensation after a loved one’s death? This is a question that many workers are asking themselves. The answer to this question is not easy to find because there is no standard timeline for how long it takes to get compensation for surviving a family in Atlanta.

It can take anywhere from a few days to three months or more. This is because the time frame for collecting death benefits varies depending on the type of work that you do and your employer’s insurance plan.

If you have questions about how long it will take, you should contact your employer’s human resources department or speak with a benefits specialist at your local state unemployment office.

 After the decedent’s death, the family usually has two years to file a lawsuit. Although there are few exceptions to this rule, it is to your best advantage to see a lawyer as soon as is practical after a family member passes away.


Death benefits are an integral part of a workers’ compensation program. They provide financial assistance to the families of deceased workers so that they can cope with the financial burden of their loss.

  This guide provides valuable information on how workers’ compensation death benefits can help bereaved families in their time of need. For a detailed review of your situation, you can contact our lawyers below for a free consultation.

Frequently Asked Questions

The most you can get from a workers comp settlement depends on the type of your injury and also how your lawyer handles your case. It can be up to $1000 per week.

The dependents can receive two-thirds of the average weekly wage. They may receive a maximum of $720 per week.

For a permanent disability, it is usually $200+ per week.

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