New Report Compares Workers’ Compensation Death Benefits by State

An interactive tool for comparing compensation requirements, limits and deadlines for fatal work accidents

ATLANTA, May 27, 2021 (GLOBE NEWSWIRE) -- Following a fatal workplace accident, many families are confused about what compensation they are entitled to. Since laws vary depending on where you live and work, the Georgia law firm of Gerber & Holder Workers’ Compensation Attorneys created a comprehensive state-by-state breakdown of workers’ compensation death benefits.

In all states, a deceased worker’s spouse and children can generally receive some portion of death benefits, but how much compensation is owed and for how long depends on where you live. For example, in Georgia, death benefits are capped at $270,000. However, benefits can be stopped earlier if the surviving spouse dies or gets remarried, and surviving non-disabled children will stop receiving benefits when they turn 18 (or 22 if the child is a student).

What’s more, each state has strict rules regarding how long eligible dependents have to file a death claim. Minnesota has the longest deadline at 6 years from the fatal work accident, while West Virginia families only have 6 months to file a claim.

“While no amount of money will replace the loss of a loved one, death benefits can help grieving families get some measure of closure, justice and financial security,” said Ben Gerber, co-author of the report. “I hope this tool helps folks find the information they need to pursue what’s owed to them.”

The report features an interactive map to quickly find what laws apply to death benefits where you live, as well as charts comparing the maximum benefits awarded for burial costs and the statute of limitations to file a death claim in each state:

About Gerber & Holder Workers’ Compensation Attorneys

With over 50 years of combined experience in work injury cases, experienced Atlanta workers’ compensation attorneys Benjamin Gerber and Thomas Holder represent injured workers suffering from back and neck injuries, catastrophic injuries, head and brain injuries and other workplace accidents. They also advocate on behalf of workers everywhere through their involvement in the Workers’ Injury Law & Advocacy Group, The College of Workers’ Compensation Lawyers and the State Bar of Georgia. The firm has three Georgia office locations in Atlanta, Athens and Columbus.


Benjamin Gerber
Gerber & Holder Workers’ Compensation Attorneys
(678) 802-8650