If death results from a work accident, the Employer/Insurer may be liable to the dependents of the deceased. Moreover, the compensable injury does not need to be the sole cause of the employee’s death under the Georgia Workers’ Compensation Act. If the compensable injury at least triggered, aggravated, or activated a disease or dormant condition, the Employer/Insurer may be liable.
Often, a question arises when the employee’s death is unexplained but found dead on the job. The Court has held that there is a rebuttable presumption that the death arose out of the employee’s employment, if he/she is found in a place where he/she might reasonably have been expected to be in the performance of his/her job duties.