What Is a Workers' Compensation 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 Workplace Injury

  1. Report the injury to your employer. Notify a supervisor or HR in writing within 30 days of the injury (O.C.G.A. § 34-9-80). This is the deadline injured workers miss most often, and missing it can bar your claim entirely.
  2. Get medical care from an authorized physician. Your employer should post a panel of physicians. Treating outside that panel without approval can leave you responsible for the bills and give the insurer a reason to dispute your claim — ask for the panel before you choose a doctor, except in an emergency.
  3. Ask for the posted panel of physicians in writing. If your employer has no valid posted panel, or refuses to provide it, you may be entitled to choose your own treating doctor. Keep a copy of the request.
  4. Document the injury and the conditions that caused it. Photograph the equipment, work area, and any hazard. Note who witnessed the incident and what you reported, to whom, and when. Keep copies of every form you sign.
  5. File your claim before the deadline. Reporting the injury to your employer is not the same as filing a claim. File with the State Board of Workers' Compensation (form WC-14) — 1 year from the date of injury (O.C.G.A. § 34-9-82).
  6. Do not give a recorded statement without advice. The insurance adjuster works for your employer's carrier, not for you. You are generally not required to give a recorded statement before speaking with an attorney.
  7. Ask whether you also have a third-party claim. Workers' compensation does not pay for pain and suffering. If someone other than your employer contributed to the injury — a negligent driver, a contractor on site, or a defective machine's manufacturer — a separate claim may recover damages comp cannot. Roden Law offers free consultations.

Proving Your Fatal Workplace Accident Case

Workers' compensation is a no-fault system. You do not have to prove your employer did anything wrong — you have to show the injury arose out of and in the course of your employment, and that you met the notice and filing deadlines.

01

Covered Employment

You were an employee of a business required to carry workers' compensation coverage. Independent contractors are treated differently, and misclassification is common.

02

Arising Out of Employment

The injury was connected to what your job required you to do — a sudden accident, or a condition that developed over time such as repetitive stress or occupational disease.

03

In the Course of Employment

The injury happened while you were working or doing something reasonably incidental to your work. Disputes here often decide the claim.

04

Timely Notice and Filing

You reported the injury to your employer within the statutory notice period and filed with the state board before the deadline. Both are strict, and both are separate steps.

Compensation Available in Fatal Workplace Accident Cases

Workers' compensation pays a defined set of statutory benefits. It does not pay for pain and suffering, and the wage benefits are capped by statute — which is why a separate third-party claim matters when someone other than your employer contributed to the injury.

Workers' Compensation Benefits

  • 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

Only Through a Third-Party Claim

  • 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

These are unavailable through workers' compensation. They require a claim against a party other than your employer.

Filing Deadlines for Fatal Workplace Accident Claims

Workers' compensation runs on its own deadlines, separate from the personal injury statute of limitations. You must also report the injury to your employer well before the filing deadline — that notice period is much shorter. In Georgia, you have 1 year from the date of injury (O.C.G.A. § 34-9-82). In South Carolina, you have 2 years (S.C. Code § 42-15-40). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 1 Year O.C.G.A. § 34-9-82 Notify your employer within 30 days of the injury (O.C.G.A. § 34-9-80)
🌙 South Carolina Filing Deadline 2 Years S.C. Code § 42-15-40 Notify your employer within 90 days of the injury (S.C. Code § 42-15-20)

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 the Accident Was My Fault?

Workers' compensation is a no-fault system. Carelessness on your part does not reduce your benefits and does not bar the claim — you do not have to prove anyone was negligent, and your employer does not get to argue you were. Benefits can be denied in narrow circumstances, such as an injury caused by intoxication or by a wilful attempt to injure yourself or someone else, but ordinary mistakes on the job are not among them.

Fault does matter in one place: a third-party claim against someone other than your employer. There, the ordinary comparative-fault rules apply and your share of responsibility can reduce what you recover — another reason to have those claims evaluated early.

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

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
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 July 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.