Can You File a Wrongful Death Lawsuit for a Work-Related Death?

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In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and suffering and your own loss of companionship.

If your loved one died as the result of a workplace accident, your legal options may be limited. Workers’ compensation provides the “exclusive” remedy for all on-the-job injuries, including those that are fatal. Since workers’ compensation is a “no-fault” system, you do not need to prove the employer was negligent; however, your damages would be limited to those death benefits mandated by the Georgia Workers’ Compensation Act (GWCA).

Mangham v. Westin Hotel Management, LP

Consider this recent wrongful death case from Atlanta. The victim worked at an area hotel. During her shift one evening, she entered a walk-in freezer. Somehow she became trapped inside the freezer and was found “in a collapsed position” and dead the next morning.

The victim’s husband sued the hotel’s ownership for wrongful death, premises liability, and negligence. The defense moved for summary judgment, alleging the victim’s death fell within the scope of the GWCA. The judge agreed and dismissed the widower’s lawsuit.

As the judge explained, workers’ compensation by design “supplants the common law” with respect to personal injury. There was no dispute the victim died “during her normal evening shift” at the hotel. Therefore, the judge concluded, the GWCA’s exclusive remedy provision bars all of the husband’s claims. This immunity also extends to other corporate entities that serve as “alter egos” for the hotel’s ownership.

How Much are Death Benefits in Georgia Workers’ Compensation Cases?

What exactly are the death benefits available to surviving spouses and children under workers’ compensation? The precise benefit amount depends on how much the deceased earned at the time of his or her death. According to the GWCA, a dependent–which may include a spouse, child, or stepchild–is entitled to two-thirds of the decedent’s “average weekly wage,” up to a maximum of $575 per week. For example, if your spouse dies due to a workplace injury and earned $600 at the time, your weekly death benefit under workers’ compensation would be $400. But if your spouse earned $900 per week, your death benefit would be $575 and not $600, as the former is the legal maximum.

For a spouse with no children, the total death benefit is limited to $230,000 (or 400 weeks). Death benefits may terminate earlier if the spouse “remarries or cohabits” with another partner. For dependent children, workers’ compensation death benefits may continue until they reach the age of 23 if they are continuously enrolled in school.

In addition, the GWCA requires an employer to pay up to $7,500 for the “reasonable expenses” related to the burial of an employee who dies on the job. If the employee left no spouse or dependents, these burial expenses are “the only compensation” legally owed by the employer. No other death benefits will be paid.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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