by Kenneth A. David, Esq.

For most death claims, an autopsy is vitally important. However, an employer does not have a legal right to demand an autopsy. Instead, under Georgia law there are specific factors that determine whether an autopsy may be done. These factors are found in the Georgia Death Investigation Act (O.C.G.A. 45-16-20), which specifies certain circumstances when the county medical examiner should inquire into the cause of death. The following criteria may be relevant to an alleged on the job death:

  • As a result of violence
  • By suicide or casualty
  • Suddenly when in apparent good health
  • In any suspicious or unusual manner
  • After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.



    • Employers can request an autopsy be done. There are obvious time constraints and also sensitivities in dealing with the bereaved family. Although knowing the cause of death is important, how an employer interacts with family members in this devastating period of time can impact whether the family even decides to pursue a claim. What you can do after a death is to contact the medical examiner to determine if an autopsy will be done and the type of autopsy. Some medical examiners may not examine the organs but just make assumptions based on medical history. If the medical examiner knows that there might be an issue as to cause of death, maybe even litigation, then the examiner will proceed more cautiously and is likely to be more thorough.