Losing a loved one is never easy, especially when it happens due to a workplace accident. In such tragic circumstances, families often find themselves not only grieving but also grappling with financial uncertainties. However, in the state of Georgia, there are specific provisions in place to assist families during these difficult times through workers’ compensation death benefits.

Workers Comp Claim

Understanding Georgia’s Workers’ Compensation Death Benefits

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. In the unfortunate event of a worker’s death, the benefits extend to their dependents or beneficiaries. The workers’ compensation system in Georgia offers various forms of support to help alleviate the financial burden on family members left behind.

Who is Eligible for Death Benefits?

In Georgia, certain family members are eligible to receive death benefits if the worker’s death is determined to be work-related. These beneficiaries typically include:

  1. Spouse: The surviving spouse of the deceased worker is entitled to receive death benefits unless there are exceptional circumstances, such as abandonment or divorce.
  2. Children: If the deceased worker has dependent children, they are entitled to receive benefits until they reach the age of 18, or 22 if they are enrolled in an accredited educational institution.
  3. Dependent Parents: If the deceased worker was providing support to their parents at the time of death, those parents may be eligible for benefits if they can prove dependency.
  4. Other Dependents: In some cases, other individuals who were financially dependent on the deceased worker may be eligible for benefits.

Types of Benefits Available

The workers’ compensation system in Georgia provides several types of benefits to the eligible dependents described above:

  1. Burial Expenses: The employer or their insurance carrier is responsible for covering reasonable burial expenses, up to a certain limit set by law.
  2. Income Benefits: Dependents may be entitled to weekly income benefits, which are typically calculated at two-thirds of the deceased worker’s average weekly wage. The maximum weekly income benefit in Georgia is $800.00 per week as of July 1, 2023.
  3. Dependency Benefits: Additional benefits may be available to dependents who relied on the deceased worker for financial support. The amount of dependency benefits depends on various factors, including the number of dependents and their relationship to the deceased.
  4. Medical Benefits: In cases where the deceased worker incurred medical expenses before their death, those expenses may be covered by workers’ compensation.

Navigating the Claims Process

Filing for workers’ compensation death benefits can be a complex and daunting process, especially for grieving families. It’s essential to seek guidance from an experienced workers’ compensation attorney who can help navigate the claims process and ensure that your rights are protected. The attorneys at the Powers Law Group specialize in workers’ compensation cases and they can assist you with the death benefit claim.


Losing a loved one in a workplace accident is a devastating experience. However, Georgia’s workers’ compensation system provides important protections and benefits to help support the families of deceased workers during these challenging times. By understanding your rights and seeking the assistance of a knowledgeable attorney, you can navigate the claims process with confidence and secure the benefits you deserve.