Death on the Job

[helpme0808]

My question involves workers compensation law for the state of: ga. a friend was killed on the job by no fault of his own. what benefits are the family entitled to? what are the limits of liability?

[Mr. Knowitall]

As is explained here,

Yes. Death benefits are payable to eligible dependents (i.e.: dependent spouse, minor children) of an employee whose on-the-job injuries resulted in death. The Act provides the employer shall pay the dependents that are wholly dependent on the deceased employee’s earnings for support at the time of the injury. Dependents are entitled to a weekly compensation equal to two-thirds of the deceased employee’s average weekly wage (not to exceed the maximum rate provided by the Act at the time of the injury.) The number of dependents does not affect the benefit amount. When the surviving spouse is the sole dependent of a deceased employee, depending on date of injury, total benefits are limited to a maximum of $100,000 (effective July 1, 1992) or $125,000 (effective July 1, 2000). The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever provides greater benefits. A child’s benefit will terminate at the age of 18 unless the child is physically or mentally incapable of earning a livelihood, or at age 22 if he or she is a full-time student enrolled in a post-secondary school. Burial expenses will be paid up to a maximum amount as provided by the Act. See O.C.G.A. §34-9-265.

[helpme0808]

about the question before, they is no legal spouse involved. there are two sons over the age of 18. what benifits are they entitled to under the workmans comp law? both are the beneficiaries.

[Mr. Knowitall]

Please read what I posted. ("Death benefits are payable to eligible dependents (i.e.: dependent spouse, minor children) of an employee whose on-the-job injuries resulted in death.")

[helpme0808]

is there any action that can be taken for wrongful death? the accident is still being investigated. the company is going to pay an accidental death life ins policy provided by them when you are employed.

[Mr. Knowitall]

We don't know the facts. The family can consult a personal injury or worker's compensation lawyer to see if any legal action is possible.

[helpme0808]

thanks for your time