by Kenneth A. David, Esq.

Few areas are more complex in workers’ comp than calculating exposure in a death claim. One challenge is that the law is in two diffident statutes, one at the beginning of the Code (O.C.G.A. § 34-9-13) and one near the end (O.C.G.A. § 34-9-265). Here is the basic calculation, but we recommend you speak with an attorney about the specifics of each claim:

  • If the spouse is the sole dependent at the time of death, then the spouse is capped at a total of $150,000 of weekly benefits. This cap may also apply if the only other dependent at the time of death is 17 or older.
  • If the spouse is not the sole dependent, then the spouse is eligible for benefits until age 65 or 400 weeks, whichever is greater.
  • If the children are minors, then the parent will usually receive his/her portion of benefits as the guardian. If a child is at least 18, then he/she will receive his/her portion separate and equal to all other dependents, including the parent/spouse.
  • If a child is in college, then his/her benefits may extend until age 22.
  • If a spouse remarries then the spouse’s benefits stop but the dependent child’s benefits would continue. A spouse’s benefits can also be suspended if the spouse is in a meritorious relationship, which under GA law basically means living together as though husband and wife. How do you prove this? That may be the subject of another article someday.