In Atlanta, GA relatives can receive workers compensation death benefits following the death of an employee due to work-related injury or illness. A spouse, children, and other dependents are usually eligible to receive death benefits. When a worker dies because of a work accident or an occupational illness, people get death benefits. Survivors who depended on the deceased receive benefits weekly. The compensation also takes care of burial expenses up to $7,500.
Who is Eligible for Workers Compensation Death Benefits in Atlanta, GA?
As stated, death benefits are for an employee’s next of kin. This refers to family members who depended on the worker’s income. They are primary beneficiaries and include the surviving spouse and children under the age of 18. They are the first in line to receive the benefits. If the employee had no primary beneficiaries, called secondary beneficiaries can claim the benefits. They must, however, prove they were wholly or partially supported by the deceased. Secondary beneficiaries can include extended family members like the worker’s mother, father, grandparents, grandchildren or a friend. To qualify, they must have been receiving support from the deceased at the time of the injury or illness. The support must also have been for at least three months prior to the illness.
What is The Amount Paid for Death Benefits in Atlanta, GA?
The basic workers compensation death benefits for all beneficiaries combined is two-thirds of the deceased’s average weekly wages. However, the maximum weekly amount payable is $575. If the employee’s weekly pay was above this, the dependents get $575. Primary beneficiaries receive the full benefit. If there is only a surviving spouse she receives all the money. In the case of a spouse and kids, the spouse receives compensation to take care of the family. If there are no primary beneficiaries or they don’t want to benefit, secondary beneficiaries receive the amount. Secondary beneficiaries who depended wholly on the worker gets the money first. If there are none, partial beneficiaries receive the amount. However, they only get a share of the benefit according to how much the deceased gave in support.
For How Long Are Workers Compensation Death Benefits Paid Out in Atlanta, GA?
If a surviving spouse remarries or begins cohabiting with someone in an arrangement like marriage, they cease to benefit. Otherwise, the spouse will receive benefits until they are 65 or have received benefits for 4 000 weeks. The same applies to partial dependents.
For children, once they are 18 benefits are stopped. However, if they enroll in college benefits will be sent until they are 22. Children who are physically and mentally challenged and unable to earn continue to get benefits after they are 18.
A spouse who solely gets workers compensation cannot get more than $23,0000 in total benefits. This amount doesn’t apply if there are dependent children. In such a case, benefits are paid until they are 65 years or for 400 weeks.
How a Workers Compensation Attorney Can Help Dependents Get Death Benefits
The best option to ensure you get paid benefits is to engage an Atlanta workers compensation attorney in Atlanta, GA. The latter will study your case and provide you with information on what happens after the worker’s death. The workers compensation lawyer can help you follow up with the employer. They will notify them of the death, which is the first step if you are seeking benefits. Once notified the employer must inform their insurance company who then begin the benefits process. A claim for death benefits must be done within a year of the employee’s death.
They will impose a penalty if an employee dies due to an intentional act by the employer. The penalty is 20% of the weekly benefit with the total penalty being $20,000.
Call a Workers Compensation Death Benefits Lawyer to Help Secure Benefits
The death of a loved one is tragic. Getting over the loss can take a long time. However, if you intend to pursue compensation you need to do so within the time limits stipulated. Doing so will ensure you don’t lose your rights. To know your options, contact our workers compensation lawyers at Ted A. Greve & Associates. They will be happy to answer all your questions and assist you in getting what you deserve!
