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death benefits

Death benefits and Foreign (Alien) Dependents

In the unfortunate and tragic death caused by a work accident, the deceased employee’s spouse or children may be entitled to workers’ compensation benefits.  O.C.G.A. § 34-9-13.  There was an issue as to whether alien or foreign dependents were limited or excluded from these death benefits.  The Workers’ Compensation Act (prior to 1995) made an unlawful distinction (more…)

Occupational Deaths: What Happens if a Worker Dies On The Job?

In the event of a compensable injury that results in the death of an employee, the employer is responsible for burial expenses (not to exceed $7,500). If the Employee has “dependents” who are completely dependent upon the employee’s wages for support at the time of the injury, those dependents are eligible for compensation. This is true whether (more…)

Recorded workplace deaths in the U.S. in 2009

According to Census of Fatal Occupational Injuries program, the preliminary total of recorded workplace deaths in the U.S. during 2009 were approximately 4,340.  In 2008, the death totals were (more…)

Can my unborn child receive workers compensation benefits?

Let’s imagine for a moment that an employee is injured on the job on March 25, 2003.  At that time, the employee’s wife was pregnant.  The child was born on August 5, 2003.  The injured employee dies on September 1, 2003.  Would the newborn child be entitled to dependency benefits?

Yes.  While an employer will argue that the child is not a dependent because the child was not born before the date of the employee’s accident, the law states (more…)

Are grandchildren considered dependents and eligible to receive death benefits?

In society today, it is not unusual to see grandchildren living with their grandparents.  Under the workers’ compensation laws are grandchildren considered dependents?  Biological children of an employee that are under age 18 are considered dependents. Pursuant to O.C.G.A. § 34-9-13, a “child” also includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock.  Married children are not considered dependents.

As for grandchildren (more…)