On August 10, 2023, a trench collapsed on a sewer-line job in Macon. A 20-year-old worker was killed, and a second worker was hospitalized with multiple fractures. Federal investigators later cited the contractor for two willful and three serious safety violations and proposed $308,125 in penalties. For the family left behind, the questions that matter most come next: what does Georgia workers' compensation owe them, and how do they get it?
- When a Georgia worker dies from a job injury, dependents can receive weekly death benefits of two-thirds of the worker's average weekly wage, up to $800 per week for injuries on or after July 1, 2023.
- The employer's insurer also owes up to $7,500 in burial expenses plus the medical bills from the injury.
- A death benefits claim generally must be filed within one year of the death (O.C.G.A. § 34-9-82).
- Georgia law usually bars suing the employer for negligence, even after willful OSHA violations. The direct employer can only be held responsible for workers' compensation benefits. However, other companies on the job site may be held responsible in a separate personal injury claim. Likewise, the manufacturers of defective machinery or gear may be held liable.
What Happened in the Macon Trench Collapse
According to the U.S. Department of Labor, two employees of Pyles Plumbing and Utility Contractors Inc. were installing sewer-line piping in a trench when the trench's side collapsed. OSHA issued two willful citations for not providing trench shields that were in accordance with all specifications, recommendations, and limitations issued by the manufacturer, and for not putting in place a safe means to exit a trench box. It also issued three serious citations for allowing employees to work inside a trench with defective trench shields and without head protection, and for failing to train employees to recognize and avoid hazards while working inside a trench.
OSHA citations and proposed penalties are the agency's allegations. The employer has the right to contest them, and they may be adjusted as the case proceeds.
"A trench shield's tabulated data includes specifications that dictate whether the protective system can be used at certain depths and under specific conditions."Joshua Turner, OSHA Atlanta-East Area Office Director
Trench collapses are among the most preventable deaths in construction. According to OSHA, one cubic yard of soil can weigh up to 3,000 pounds, about the weight of a small car, which gives a worker buried in a trench little chance of survival. That is why OSHA requires protective systems for most trenches five feet deep or more.
Lost a loved one in a Georgia work accident?
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Does Georgia Workers' Comp Pay Death Benefits?
Yes. When a work-related injury or occupational disease causes an employee's death, Georgia workers' compensation pays death benefits (sometimes called dependency benefits) to the people who relied on the worker's income. These benefits are set by O.C.G.A. § 34-9-265 and are paid by the employer's workers' comp insurance carrier. Because the system is no-fault, the family does not need to prove the employer was careless. In fact, death benefits are often owed even if the employee was careless or completely at fault for the accident. (Georgia law does recognize limited exceptions, such as willful misconduct or intoxication.)
Who Qualifies as a Dependent Under Georgia Law?
Under O.C.G.A. § 34-9-13, some family members are presumed to be fully dependent on the worker, while others must show they actually relied on the worker's earnings.
- Surviving spouse: generally presumed dependent. Benefits end if the spouse remarries or lives with another person in a romantic relationship.
- Children under 18: presumed dependent, extending to age 22 for full-time students, and longer for children who cannot support themselves because of a disability.
- Partial dependents: parents, siblings, and even unrelated people who relied on the worker's paycheck may qualify for a share of benefits.
When there is more than one dependent, the weekly benefit is divided among them.
How Much Workers' Comp Pays After a Workplace Death
Weekly income benefits
Two-thirds of the worker's average weekly wage, up to $800 per week for injuries on or after July 1, 2023.
Burial and funeral costs
Reasonable burial expenses up to $7,500, paid in addition to weekly benefits.
Medical bills
Treatment for the injury, from the accident until the death, should be paid by the insurer, not the family.
Spouse-only maximum
When a surviving spouse is the sole dependent, total benefits are capped at $320,000 (injuries on or after July 1, 2023). When a child is also a dependent, benefits can sometimes last longer and be greater than $320,000, depending on the age of the child.
The average weekly wage is usually based on the 13 weeks before the injury. Insurers sometimes leave out overtime, per diem, or a second job when they run that number, which lowers every check the family receives. Hiring a lawyer is often necessary, not just to check the math, but also to force the insurer to increase the benefits.
Can a Family Sue the Employer After a Willful OSHA Violation?
Usually not. Georgia's exclusive remedy rule (O.C.G.A. § 34-9-11) makes workers' compensation the only remedy against the employer in most cases, even when OSHA cites willful violations. That surprises many families.
But the employer is rarely the only company on a construction site. A general contractor, a property owner, an engineering firm, or the maker of a defective trench box may share responsibility. A third-party wrongful death claim against those companies can seek the full value of the worker's life, which workers' comp does not. (We are not suggesting that any company other than the one OSHA cited bears responsibility for the Macon collapse; every case turns on its own facts.) We handle both claims on a contingency fee, so there is nothing to pay up front and no attorney's fee unless we recover for you.
Mistakes That Cost Grieving Families Benefits
- Waiting for the employer to "take care of it" while the one-year filing deadline runs.
- Accepting the insurer's average weekly wage figure without checking pay stubs and overtime.
- Giving a recorded statement to an adjuster before speaking with a lawyer.
- Signing a settlement or release without knowing whether a third-party claim exists.
- Letting job-site evidence, photos, and witness memories disappear.
Georgia Workers' Comp Death Benefits: Common Questions
How much time does a family have to file a workers' comp death claim in Georgia?
Under O.C.G.A. § 34-9-82, a claim for workers' compensation death benefits must generally be filed within one year of the worker's death. Missing that deadline can bar the claim entirely, so families should not wait for the employer or its insurer to act.
How much does Georgia workers' comp pay when a worker is killed on the job?
Dependents receive weekly benefits equal to two-thirds of the worker's average weekly wage, up to $800 per week for deaths from injuries on or after July 1, 2023. The insurer also pays reasonable burial expenses up to $7,500 and the medical bills from the injury. When a surviving spouse is the only dependent, total benefits are capped at $320,000. When a child is also a dependent, benefits can sometimes last longer and be greater than $320,000, depending on the age of the child.
Does an OSHA citation make the workers' comp death claim stronger?
Workers' compensation is a no-fault system, so a family does not have to prove the employer did anything wrong to receive death benefits. OSHA findings matter most when another company, such as a general contractor or equipment maker, may share responsibility. Those findings are also valuable evidence of how the death happened.
What if the worker who died was young and had no spouse or children?
Parents, siblings, or even unrelated people may qualify as partial dependents if they relied on the worker's earnings to support the household. If no one was dependent on the worker, weekly benefits may not be payable, but burial expenses are generally still owed and certain personal injury claims against third parties may exist. A free review of the family's situation is the best way to know.
Get Answers Before the Deadline Passes
No amount of money replaces a son, daughter, spouse, or parent. But death benefits can keep a family in its home and children in school while everyone tries to heal. If someone you love died on a Georgia job site, call Morrison & Hughes at 404-LAW-TEAM for a free, confidential consultation. Learn more about our workers' comp death claims practice.
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Sources
- U.S. Department of Labor, OSHA news release on the Aug. 10, 2023, fatal trench collapse in Macon, Georgia (Feb. 29, 2024): dol.gov/newsroom/releases/osha/osha20240229
- U.S. Department of Labor, OSHA news release on trench collapse hazards (July 14, 2021), citing research that one cubic yard of soil weighs up to 3,000 lbs.: dol.gov/newsroom/releases/osha/osha20210714
- O.C.G.A. § 34-9-265 (death benefits, burial expenses, spouse maximum); O.C.G.A. § 34-9-13 (dependents)
- O.C.G.A. § 34-9-82 (one-year deadline to file a claim for death benefits)
- O.C.G.A. § 34-9-11 (exclusive remedy) and § 34-9-11.1 (claims against third parties; employer/insurer lien)
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it or contacting Morrison & Hughes does not create an attorney–client relationship. Laws and benefit amounts change; the figures above reflect Georgia law as of the publication date and depend on the date of injury and the facts of each case. Descriptions of specific incidents are based on the public government records and news reports cited above. OSHA citations and proposed penalties are allegations, not findings of legal liability, and employers may contest them. Morrison & Hughes does not represent, and is not affiliated with, any company or person named in this article. Photos are stock images and do not depict the people or places described.