Workplace safety must be a top priority. However, unfortunately, catastrophic accidents remain far too common in workplaces in Georgia. According to data from the Bureau of Labor Statistics (BLS), there were 192 confirmed workplace fatalities in the state in 2023 alone. For grieving families, putting the pieces back together after such a terrible tragedy can be immensely challenging. At Griffin Law Firm, P.C., we are committed to helping people and families understand their rights, their options, and navigate all aspects of the legal claims process. Here, our Snellville workers’ comp attorney provides an overview of the key things surviving families need to know about fatal workplace accident claims in Georgia.
Know the Law: Workers’ Comp Wrongful Death in Georgia
Under Georgia workers’ compensation law, surviving family members may recover benefits when a worker dies from a compensable job-related injury or occupational disease. The system operates on a no-fault basis. Survivors do not need to prove employer negligence. They must prove that the death arose out of and occurred in the course and scope of employment. These are very serious, complex cases. If your loved one was killed while on the job in Gwinnett County, our Snellville workplace death attorney can help your family navigate the claims process.
Compensation for Workers’ Comp Death Claim: Accidental Death at Work
Immediate family members of a deceased worker can bring a claim for benefits through Georgia’s no-fault workers’ comp system. Eligible dependents typically include a surviving spouse and dependent children. Though others may qualify as well in certain circumstances. Workers’ comp death benefits in Georgia include weekly income payments based on the worker’s average weekly wage (subject to statutory caps) and payment of reasonable funeral and burial expenses.
Notably, Georgia law limits recovery to workers’ compensation benefits. Survivors generally cannot bring a civil wrongful death lawsuit against the employer. Under Georgia’s exclusive remedy doctrine (O.C.G.A. § 34-9-11), the sole claim that an injured worker has against their own employer is a workers’ comp claim. The doctrine applies to workplace death claims as well. In other words, the sole claim that the surviving family members have against the employer is a workers’ comp claim and not a civil wrongful death claim.
Surviving Family Members May Have a Civil Wrongful Death Claim Against a Third Party
Even when a worker’s death qualifies for workers’ compensation benefits in Georgia, surviving family members may still pursue a separate civil wrongful death claim against a negligent third party. Georgia law draws a firm distinction between employers and outside actors. Although workers’ compensation insurance provides protection against a wrongful death lawsuit to the employer, it does not shield any third parties. In other words, any third party whose negligence caused or contributed to the fatal workplace accident can be sued for wrongful death:
- Workers’ Comp in Georgia Does Not Bar Third Party Liability Claims: Georgia’s workers’ compensation system provides exclusive remedies only against the employer and co-employees acting within the scope of employment. However, it is important to emphasize that the exclusivity does not extend to third parties. If someone outside the employment relationship caused the fatal injury, surviving family members may pursue a civil wrongful death claim. You do not have to decide between claims. A family in Snellville can pursue both a workers’ comp claim and a wrongful death lawsuit.
- Common Examples of Third-Party Liability Workplace Death Lawsuits in Georgia: Third-party wrongful death claims arise in a wide range of different circumstances. Some of the most common examples include motor vehicle crashes, defective equipment, unsafe premises, or negligent subcontractors. A negligent driver, product manufacturer, property owner, or independent contractor may bear liability. In civil wrongful death cases, Georgia law focuses on duty, breach, causation, and damages. If the third party owed a legal duty and breached it, resulting in the worker’s death, civil liability may be imposed.
- The Statutory Basis for Georgia’s Wrongful Death Laws: Georgia’s wrongful death laws arise from statutory authority rather than common law. The governing provisions define who may bring a claim, what damages are recoverable, and how recovery is distributed. Georgia law authorizes surviving spouses, children, or parents to recover the full value of the decedent’s life. Separate statutes permit the estate to recover medical expenses, funeral costs, and other losses. Strict statutory construction applies. Courts enforce these provisions as written.
- Damages Available in a Civil Wrongful Death Claim: Civil wrongful death claims allow recovery beyond workers’ compensation limits. Georgia’s wrongful death statute permits recovery of the full value of the decedent’s life, measured from the perspective of the decedent. This includes economic and non-economic components such as lost earnings, benefits, companionship, and enjoyment of life. Survivors may also bring an estate claim for medical expenses, funeral costs, and conscious pain and suffering prior to death.
The Takeaway: If your family member was killed on the job in Georgia, your family should file a workers’ comp claim for survivors’ benefits. Beyond that, a wrongful death lawsuit may also be an option if the workplace death was caused by the negligence of any non-employer third party.
We are Strong Advocates for Grieving Families in Georgia
The loss of a loved one to a fatal work accident is a horrific tragedy. Grieving families need justice, accountability, and all available financial support. At Griffin Law Firm, P.C., we are a boutique law firm that is on the side of the people who need legal help the most. With experience handling both workers’ compensation claims and wrongful death claims, our client testimonials and case results tell the story best. Our firm has an office right here in Snellville, and we are well-positioned to handle fatal workplace accidents in Gwinnett County and throughout the entire region.
The Griffin Law Firm recovered $13 Million Dollars for the surviving family of someone who was killed due to the negligence of someone else. The value of a wrongful death can vary greatly depending on the facts of the wrongful death case and on the experience and resources of the law firm handling the wrongful death case. Not every attorney has what it takes to recover millions of dollars from insurance companies that are fighting to pay as little as possible. We know that money will never replace the loss of a loved one, but a big recovery does help the family continue to function, pay their bills, and keep their home and belongings absent the income of the deceased.
Contact Our Snellville Deadly Work Accident Lawyer Today
At Griffin Law Firm, P.C., our Snellville attorneys have the experience to handle both workers’ compensation cases and wrongful death cases. If your family member was killed while on the job, we are more than ready to help. Contact us today for a free, confidential case review. Grieving families need justice and accountability. With a law office in Snellville, we handle fatal workplace accident cases throughout the region, including in the zip codes of 30039 and 30078.