Does workers’ compensation prevent my family from suing for wrongful death in Georgia?
No. Workers’ comp death benefits and a wrongful death lawsuit are separate legal remedies. Workers’ comp pays limited death benefits to dependents. A wrongful death lawsuit against a negligent third party — not the employer — can recover the full value of your loved one’s life. These remedies can be pursued simultaneously. If the workers’ comp carrier pays benefits, it may have a subrogation right in your recovery, which a skilled attorney will negotiate.
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