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Georgia Workers’ Compensation Death Benefits

Georgia Workers’ Comp Death Claim Lawyers

When the worst happens, your family should not face it alone.

If a husband, wife, parent, or child was killed on the job in Georgia, the workers’ compensation system entitles their dependents to weekly wage benefits, a burial allowance, and support that lasts for years. Morrison & Hughes helps grieving families claim every benefit the law provides — with compassion. Your consultation is free and confidential.

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Compassionate, private consultations
We handle denied & delayed claims
Serving families statewide in Georgia
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GA Worker Deaths (2024)
U.S. BLS, Census of Fatal Occupational Injuries, GA, 2024
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U.S. Worker Deaths (2024)
U.S. BLS, National CFOI, 2024
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Max Weekly Benefit
O.C.G.A. § 34-9-265 (injuries on/after 7/1/2023)
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Burial Allowance
O.C.G.A. § 34-9-265 (reasonable burial expenses)
A Different Kind of Claim

Death Benefits Are a Right — Not a Lawsuit Against the Family’s Workplace

A workplace death changes everything in an instant. In the days that follow, families are asked to make decisions while grieving — and too often, no one tells them that Georgia law already provides for them. Workers’ compensation death benefits are a no-fault system: your loved one’s dependents do not have to prove the employer did anything wrong, and the benefits are owed even when the accident was nobody’s fault.

These benefits are separate from — and in addition to — any civil wrongful-death claim the family may have against a negligent third party, such as a subcontractor, equipment manufacturer, or other driver. We evaluate both paths together so nothing is left on the table.

Insurers know that grieving families rarely have the energy to fight. They count on it. Morrison & Hughes carries that burden for you — gathering the wage records, filing the claim before the one-year deadline, and making sure your family receives the full weekly benefits, the burial allowance, and the long-term support Georgia law guarantees.

A family member holding hands for comfort during a difficult time after a workplace loss
The Reality of Workplace Fatalities

Workplace Deaths in Georgia & Nationwide

Behind every figure below is a family. We share this data because understanding how — and how often — workers are killed on the job helps families recognize that they are not alone, and that the law is built to support them.

U.S. Fatal Work Injuries by Year

Total fatal occupational injuries nationwide

Source: U.S. Bureau of Labor Statistics, National Census of Fatal Occupational Injuries (CFOI), 2019–2024.

How U.S. Workers Are Killed

Leading fatal events, 2024 (number of deaths)

Source: U.S. BLS, National CFOI 2024 — transportation incidents, violence & other injuries by persons/animals, contact with objects/equipment, falls/slips/trips, harmful substances/environments.

Georgia Fatal Work Injuries by Event

Leading fatal events in Georgia, 2024

Source: U.S. BLS, Census of Fatal Occupational Injuries — Georgia, 2024 (170 total; transportation 58, contact with objects 40).

Transportation: The #1 Killer

Transportation as a share of all U.S. work deaths, 2024

Source: U.S. BLS, National CFOI 2024 — transportation incidents accounted for 38.2% of all fatal work injuries.

Who the Law Protects

Who Qualifies as a Dependent in Georgia?

Georgia workers’ compensation pays death benefits to the deceased worker’s dependents. Under O.C.G.A. § 34-9-13, certain family members are presumed to be wholly dependent and do not have to prove they relied on the worker’s income.

Surviving Spouse

A husband or wife who had not deserted or abandoned the worker is conclusively presumed to be wholly dependent — and is typically the primary recipient of death benefits.

Minor Children

Children under 18 are presumed dependent. Benefits for a dependent child generally continue until age 18 — or up to age 22 if the child is a full-time student.

Disabled Children

A child who is physically or mentally incapable of earning a living may remain a dependent beyond the usual age limits, for as long as the incapacity lasts.

Stepchildren & Adopted Children

Stepchildren, adopted children, and acknowledged children born out of wedlock can qualify as dependents under Georgia law on the same footing as biological children.

Other Partial Dependents

Parents, siblings, or others who actually relied on the worker for support may recover as partial dependents when there is no surviving spouse or child — but they must prove their dependency.

When There Are No Dependents

If no qualifying dependent exists, the burial allowance is still paid, and the insurer must pay a set amount to the State Board — Georgia does not let an employer simply walk away.

What Your Family Can Receive

Death Benefits Available Under Georgia Law

Georgia’s death-benefit structure is set by O.C.G.A. § 34-9-265. The exact amounts depend on the worker’s average weekly wage and the dependents involved, but the core benefits are the same for every family.

Weekly Wage Benefits

Dependents receive two-thirds (⅔) of the worker’s average weekly wage, up to a maximum of $800 per week for injuries occurring on or after July 1, 2023.

Burial & Funeral Expenses

The employer or insurer must pay the reasonable expenses of the worker’s burial, up to $7,500 — paid regardless of whether other dependency benefits are owed.

The Aggregate Maximum

Total death benefits are capped. For accidents subject to the current rate, the aggregate maximum to dependents is roughly $320,000 (400 weeks × the $800 weekly maximum).

Surviving-Spouse-Only Cap

Where a surviving spouse is the sole dependent with no children, total compensation is separately capped — currently $270,000 under O.C.G.A. § 34-9-265.

Duration of Benefits

Weekly benefits are generally payable for up to 400 weeks. A surviving spouse’s benefits may end on remarriage or qualifying cohabitation; a child’s may continue to age 18 (or 22 if a student).

Unpaid Pre-Death Benefits

If your loved one survived for a period and was owed disability or medical benefits before death, those amounts may still be recoverable on top of death benefits.

A Few Gentle Questions

See If Your Family Has a Death-Benefit Claim

We know this is a painful time. There is no pressure here — just a short, private way to tell us a little about what happened. An attorney will follow up personally, at no cost.

Step 1 of 5

Did your loved one’s death happen because of their work?

A workplace accident, an injury that worsened, an occupational illness, or a fatal event during the workday.

What was your relationship to the person who passed away?

This helps us understand who may be eligible for benefits.

About how long ago did this happen?

In Georgia, a death-benefit claim must generally be filed within one year (O.C.G.A. § 34-9-82). It is never too early to ask.

Has the employer or its insurer offered any benefits yet?

It’s common for families to receive little or nothing without help — and that’s exactly where we can step in.

One last step — send this to our team

Your answers are already written into the message below. Add your contact details, tell us anything else in your own words, and press Send Message. Nothing is sent until you do.

Know the Statutes

Georgia Workers’ Comp Death-Benefit Laws

Death claims are governed by the Georgia Workers’ Compensation Act (O.C.G.A. Title 34, Chapter 9). The statutes below decide who can recover, how much, and — critically — how long your family has to act.

O.C.G.A. § 34-9-265

Death Benefits

Sets the core death benefits: two-thirds of the average weekly wage to dependents (capped at $800/week for injuries on or after 7/1/2023), reasonable burial expenses up to $7,500, and an aggregate maximum (currently about $320,000) — with a separate $270,000 cap for a surviving spouse who is the sole dependent.

O.C.G.A. § 34-9-13

Who Is a Dependent

Defines dependents and creates the presumption of dependency — a surviving spouse who has not abandoned the worker, and minor children, are conclusively presumed wholly dependent. Other relatives may recover as partial dependents by proving they relied on the worker.

O.C.G.A. § 34-9-82

One-Year Filing Deadline

A claim for death benefits must generally be filed with the State Board of Workers’ Compensation within one year of the worker’s death. Missing this deadline can permanently bar the claim — which is why families should speak with counsel early.

O.C.G.A. § 34-9-1 & the “Exclusive Remedy”

Comp vs. a Civil Wrongful-Death Suit

Workers’ comp is usually the exclusive remedy against the employer — but it does not bar a separate civil wrongful-death lawsuit against a negligent third party (a different contractor, a product maker, or another driver). These run in parallel, and we pursue both.

An Important Distinction

Death Benefits vs. a Wrongful-Death Lawsuit

Many families don’t realize these are two different claims — and that they may have both. Understanding the difference can mean substantially more support for your family.

  • No-fault: Workers’ comp death benefits are paid even if no one was negligent.
  • Fault-based: A wrongful-death suit requires proving someone was at fault.
  • Against the employer: Comp is generally the only claim against the employer.
  • Against third parties: A separate civil suit can target negligent outside parties.
  • Set amounts: Comp benefits are calculated by statute (wages, caps, weeks).
  • Full value of life: Wrongful-death damages can be far broader, including the value of the life itself.
  • Faster support: Comp can begin paying relatively quickly for grieving families.
  • We coordinate both: Pursued together so one does not undermine the other.
Common Questions

Georgia Workers’ Comp Death Claim FAQs

Who can receive workers’ comp death benefits in Georgia?
Under O.C.G.A. § 34-9-13, the deceased worker’s dependents receive benefits. A surviving spouse who had not abandoned the worker and minor children are presumed wholly dependent and do not have to prove they relied on the worker’s income. Disabled children, dependent students up to age 22, stepchildren, adopted children, and — when there is no spouse or child — partial dependents such as parents may also qualify.
How much are Georgia death benefits worth?
Dependents receive two-thirds (⅔) of the worker’s average weekly wage, capped at $800 per week for injuries occurring on or after July 1, 2023 (O.C.G.A. § 34-9-265). Benefits are generally payable for up to 400 weeks, making the aggregate maximum roughly $320,000. A surviving spouse who is the sole dependent with no children faces a separate cap of $270,000.
Are funeral and burial expenses covered?
Yes. The employer or its insurer must pay the reasonable expenses of the worker’s burial up to $7,500 under O.C.G.A. § 34-9-265. This is paid in addition to weekly dependency benefits, and it is owed even where there are no qualifying dependents.
How long do we have to file a death claim?
Generally one year from the date of the worker’s death under O.C.G.A. § 34-9-82. This is a strict deadline, and missing it can permanently bar the claim. Because evidence and wage records are easiest to gather early, families should speak with an attorney as soon as they are able.
Is this the same as a wrongful-death lawsuit?
No. A workers’ comp death claim is a no-fault claim handled through the State Board of Workers’ Compensation, and it is usually the only claim available against the employer. A civil wrongful-death lawsuit is a separate, fault-based case against a negligent third party — such as another contractor, an equipment manufacturer, or another driver. A family may be entitled to both, and we evaluate them together.
What if the death wasn’t the employer’s fault?
It does not matter. Workers’ compensation is a no-fault system — death benefits are owed when the death arose out of and in the course of employment, regardless of whether the employer, the worker, or no one was at fault. Common questions instead involve whether the death was truly work-related, which we investigate carefully.
Is it free?
Nothing up front. In Georgia, workers’ compensation attorney’s fees are set and capped by law — generally 25% — and must be approved by the State Board of Workers’ Compensation. The fee comes out of the benefits we secure for your family, and the initial consultation is always free and confidential, so there’s no risk in calling.
From the Morrison & Hughes Blog

Resources for Grieving Families

Clear, compassionate guidance written by Georgia attorneys who help families after a workplace loss. Read these before you sign anything from an insurer.

Related Reading

Visit the Morrison & Hughes Blog

Service Areas: A Compassionate Death-Claim Attorney Near You

We handle workers’ comp death cases statewide. Six office locations across Georgia.

Marietta Alpharetta & Roswell Decatur Hiram Fayetteville LaGrange All Service Areas

Related Practice Areas

Practice Area

Wrongful Death

When a negligent third party caused the death, your family may have a civil claim for the full value of your loved one’s life — separate from and in addition to workers’ comp.

Learn more →
Practice Area

Workers’ Compensation

Our full workers’ comp practice — from disputed injuries and denied claims to catastrophic injuries and the death benefits that protect families.

Learn more →
Practice Area

Social Security Disability

Surviving family members may also be entitled to Social Security survivor benefits. We help families understand and pursue every source of support.

Learn more →

We’re Here When You’re Ready to Talk.

Losing someone to a workplace tragedy is among the hardest things a family can face. When you’re ready, we’ll listen, explain your family’s rights, and carry the legal burden so you can focus on healing. Your consultation is free and confidential.

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