When an employee dies because of a work-related injury or occupational hazard, eligible family members may receive Georgia workers’ compensation death benefits. However, being related to a deceased worker does not automatically qualify someone for payments. Eligibility depends primarily on whether the person was financially dependent on the employee.
A fatal workplace accident can also raise questions beyond workers’ compensation. If someone other than the employer caused the death, the family may have grounds for a separate wrongful death claim. A skilled legal professional can help identify available sources of recovery and protect the family from missing critical filing requirements.
What happens if the employer disputes the death claim?
An employer or insurance carrier may challenge whether the accident was employment-related, whether the injury caused the death or whether a claimant was genuinely dependent on the worker.
Delayed deaths can produce difficult medical-causation disputes, especially when the employee had a pre-existing health condition. Families can strengthen a claim by preserving:
- Employment and wage records
- Accident reports and witness information
- Medical records linking the injury to the death
- Marriage and birth certificates
- Bank statements or other proof of financial support
- Correspondence from the employer and insurance carrier
A claim may require filing Form WC-14 with the Georgia State Board of Workers’ Compensation. Waiting for an insurer to investigate does not necessarily protect the family’s filing deadline. The Board recommends that claimants file within one year to preserve their rights, although the deadline applicable to a death claim can depend on the case’s timing and procedural history.
A work-related death can leave a family confronting lost income and unanswered questions while an insurance company investigates the claim. Seeking legal guidance early can help a family to determine who qualifies as a dependent and whether a proposed weekly benefit was calculated correctly. It can also help in the investigation of potential third-party liability when appropriate.