There is nothing more painful than losing a loved one, especially in an accident. At a time of your greatest sorrow in life, we understand that it is difficult to even begin considering complex legal issues. We are truly sorry for your loss and will strive to make this process easier for you and for your family.
Survivors and dependents of those who lose their life because of on-the-job accidents receive Workers’ Compensation death benefits through an employer’s Workers’ Compensation insurance carrier, or in some cases from an employer who is self-insured.
A sole surviving spouse of a worker who dies in a workplace accident will receive burial expenses of up to $7,500 and two-thirds of the average weekly wage of the deceased worker. The maximum amount of benefits is $500 a week. In total, a spouse with no children will be paid $150,000 total in weekly payments. Benefits will continue until he or she remarries or openly cohabits with a person of the opposite sex. A dependent child of a deceased worker is eligible to receive weekly workers’ compensation payments until he or she reaches age 18 or the age of 21 if they attend college.
Legal Help for Injured Workers
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At the law office of J. Franklin Burns, P.C., our Workers’ Compensation attorneys can help you recover all the Workers’ Compensation benefits to which you are entitled for the loss of your loved one. We will also analyze the circumstances of your family member’s death to determine if there are other potential sources of financial compensation. There are cases when there are other parties that are responsible for a worker’s death in addition to the employer.
For example, if your loved one died in a car accident while performing his or her job, we may be able to pursue financial compensation from the driver of the other vehicle if the other driver was at fault. Likewise, if a dangerous or defective product caused the fatal workplace accident, we could seek compensation from the product’s manufacturer. In these cases, it is very important to have a skilled attorney that is knowledgeable in this area of the law. Coordination of benefits takes expertise to resolve. Timing of settlement between parties is also an issue that must be considered. It is critical that settlement with one party does not compromise settlement with another party. The settlement documentation must be skillfully worded in order for benefits not to be lost.
Third Party Claims
These are called third party claims because they involve a person or organization other than the injured party or his or her employer. Third party claims typically provide more financial benefit to the claimant than is available from Workers’ Compensation insurance.
We would be deeply honored to represent your interests on your behalf. While no amount of money can replace your loss, this is the only way to lessen the burden of that loss. For quality legal advice and compassionate client service during this difficult time, please contact the law offices of J. Franklin Burns, P.C. With an office conveniently located in Atlanta, Georgia, our workers’ compensation attorneys represent clients statewide. Please do not hesitate to call or email us to arrange your free consultation. We understand that you have many questions that need answers. If you are unable to visit us in our office, we are happy to travel to meet with you in your home or a location that is convenient to you.