When an employee is injured at work, he or she is entitled to workers’ compensation benefits according to Georgia law. One additional benefit that accrues once a person is injured at work is that those benefits can extend to the worker’s dependents going forward, even after death. Dependents are defined under the law as the dependent parents, children, or spouse of the injured worker. If you have questions about a family member’s eligibility to collect your benefits, reach out to an Atlanta workers’ compensation lawyer today.
The workers’ compensation scheme is an important one to ensure that our economy functions properly. It was adopted by states in the United States as a replacement for injured workers suing their companies under the provisions of personal injury law, and sets up a system where employers pay insurance premiums for all their workers, which prevents companies and workers from engaging in drawn-out lawsuits over every injury incurred.
Denial of Workers’ Compensation Benefits
Even though we have this system of no-fault compensation for injured workers, there are still times when an injured worker or his or her dependents are denied crucial benefits. That is the nature of many businesses that do not want their premiums to increase because of claims, and the government, which in some cases does not want to pay out benefits to injured workers. That is why it is so important to contact a qualified Atlanta workers’ compensation lawyer regarding your claims.
Sometimes it is simply the matter of a legal rule that can deny someone benefits under the workers’ compensation scheme. This is what happened recently to a woman who claimed benefits from her partner with whom she had lived since 2002. In that case, Sanchez v. Carter, a woman claimed dependent benefits once her partner died after being disabled from a fatal work-related injury in 2015.
The woman in that case lived with the man who was killed since 2002. Because of her own disability, she was entirely dependant on the man for all her needs. The problem in this case was that they were never legally married, and as a result, the technicality of the rules prevented her from receiving dependency benefits from his workers’ compensation fund. This case is emblematic of how a workers’ compensation case can become complex, and require the expertise of a workers’ compensation attorney serving Atlanta.
Details and Technicalities Matter
In any case involving an injury, and when dealing with the state, an employer, and their insurer, the details and technicalities of what happened matter. As we can see from this case, even though the woman lived with and depended on the injured man, because they were not married, the court denied her workers’ compensation dependency benefits. This is not the only rule that can keep someone from collecting their rightful benefits.
If you have suffered an injury at work, and are fighting for your benefits, contact us. Choosing the right workers’ compensation attorney serving Atlanta may just be the most important decision you make regarding your case. At The Angell Law Firm we will fight for you. We look forward to hearing from you soon.
(image courtesy of Christopher Burns)