What Is a Fatal Workplace Accident Case?

Lost a loved one in a workplace accident in Georgia or South Carolina? Our attorneys pursue workers' comp death benefits and wrongful death claims to provide financial security for bereaved families.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

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.

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What to Do After A fatal workplace accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Fatal Workplace Accident Case

To win a personal injury case involving a fatal workplace accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Fatal Workplace Accident Cases

Victims of a fatal workplace accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Fatal Workplace Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Fatal Workplace Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Fatal Workplace Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.