Legal Help After a Fatal Workplace Accident
Losing a family member in a workplace accident is a devastating tragedy. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries, over 5,000 workers are killed on the job in the United States every year — an average of roughly 15 workplace deaths per day. Industries with the highest fatality rates include construction, transportation, agriculture, and manufacturing. Families left behind face not only profound grief but also the sudden loss of income, benefits, and financial security.
At Roden Law, our fatal workplace accident attorneys help grieving families in Georgia and South Carolina navigate the complex intersection of workers’ compensation death benefits and wrongful death lawsuits. We pursue every available avenue of compensation to provide financial stability for surviving spouses, children, and dependents.
Workers’ Compensation Death Benefits
When a worker dies as a result of a workplace injury or occupational disease, their dependents are entitled to workers’ compensation death benefits.
Georgia (O.C.G.A. § 34-9-265): Death benefits are paid to the surviving spouse and dependent children at a rate of two-thirds of the deceased worker’s average weekly wage, subject to the maximum weekly benefit. Benefits continue for up to 400 weeks for the spouse (or until remarriage) and for dependent children until age 18 (or 22 if enrolled in postsecondary education). Georgia also provides a burial expense allowance of up to $7,500 (O.C.G.A. § 34-9-265).
South Carolina (S.C. Code § 42-9-290): Death benefits are paid at two-thirds of the deceased worker’s average weekly wage to the surviving spouse and dependents for up to 500 weeks. South Carolina provides a burial allowance of up to $2,500 (S.C. Code § 42-9-290).
Wrongful Death Lawsuits for Workplace Fatalities
While workers’ comp death benefits provide some financial support, they are limited in amount and do not compensate families for pain and suffering, loss of companionship, or the full financial impact of the death. When a third party’s negligence caused or contributed to the fatal workplace accident, families may pursue a separate wrongful death lawsuit under Georgia’s Wrongful Death Act (O.C.G.A. § 51-4-1 et seq.) or South Carolina’s Wrongful Death Act (S.C. Code § 15-51-10 et seq.).
Wrongful death claims can be filed against negligent third parties including equipment manufacturers, general contractors, property owners, motor vehicle drivers, and maintenance companies. These claims provide access to full compensatory damages including the “full value of the life of the decedent” (in Georgia) and actual and punitive damages (in South Carolina).
Common Causes of Fatal Workplace Accidents
The most common causes of workplace fatalities that our attorneys handle include:
- Falls from heights: Scaffolding collapses, unguarded roof edges, and ladder failures on construction sites
- Struck-by incidents: Workers killed by falling objects, swinging equipment, or moving vehicles
- Electrocution: Contact with overhead power lines, exposed wiring, or improperly grounded equipment
- Caught-in/between: Workers trapped in or between machinery, equipment, or collapsing materials
- Vehicle accidents: Commercial vehicle crashes involving workers driving as part of their duties
- Explosions and fires: Chemical explosions, gas leaks, and industrial fires
- Toxic exposure: Acute exposure to lethal concentrations of chemicals or gases
Who Can File a Wrongful Death Claim
In Georgia, a wrongful death action is brought by the surviving spouse, or if there is no spouse, by the children. If there is no spouse or children, the decedent’s parents or the administrator of the estate may file. In South Carolina, the wrongful death action is brought by the personal representative of the estate for the benefit of statutory beneficiaries including the spouse, children, and parents.
Statute of Limitations for Fatal Workplace Claims
The wrongful death statute of limitations is two years in Georgia (O.C.G.A. § 9-3-33) and three years in South Carolina (S.C. Code § 15-3-530). Workers’ comp death benefit claims must be filed within one year of the date of death in Georgia (O.C.G.A. § 34-9-82) and within two years in South Carolina (S.C. Code § 42-15-40). Acting quickly is essential to preserve all claims.
Why Choose Roden Law for Fatal Workplace Accident Cases
Our attorneys handle both workers’ comp death benefits and wrongful death lawsuits, ensuring families receive maximum compensation from every available source. We coordinate with OSHA investigators, retain expert witnesses, and manage the complex interaction between workers’ comp liens and wrongful death recoveries. There is no fee unless we win. Contact our wrongful death team for a compassionate, free consultation.