WC in Georgia, death benifits

[Sheann09]

What is the name of your state (only U.S. law)? Ga

My question is, my husband was killed on a construction site in 2006...it was determined that I would receive benifits of $450.00 a week until I turn 62 to help with the loss of his income. I have no dependant children. I have started dating and met someone I really care about but I will loose my benifits if I get married. I do have my own house in the same town, all of my mail goes to that house, my adult daughter lives there and they are aware of that. I also half ownership in his house. If I stay at his house most of the time is that cohabitating? also, is there a chance of a settlement in death benifits, I could take a less amount and still get married? Also, he is not in anyway helping support me, nor am I supporting him.

Thanks

[commentator]

Assume that "WC" means workman's comp? How about Social Security Death Benefit? Exactly what program or benefit are you talking about that you receive $450 a week on?

[racer72]

Your dependents will receive two-thirds of your average weekly wage, or a maximum of $450.00 per week for death on or after July 1, 2005. Your dependents are your surviving spouse, children or stepchildren. A widowed spouse with no children is limited to a total amount of $125,000.00, unless he or she remarries or cohabitates in a meretricious relationship.

You are asking if it is okay to draw a benefit off the taxpayers of Georgia when you are not entitled to such benefits? You need to ask yourself, is the relationship with this person worth $450 a week.

[Sheann09]

I am not trying to take anything from from tax payers being tax payers do not pay me anything. And I wasn't asking for a moral answer I was looking for a legal one.

[commentator]

If, as I am assuming, this is Worker's Comp, not Social Security death benefits or something else, then no Georgia taxpayer paid a dime of it. It is a settlement paid by an insurance carrier which was representing the employer your husband was working for when he died. It is to cover loss of his income until you are old enough to draw your social security.

You probably had the option of receiving a lump sum payment or the weekly payment, and it is not based upon your income, should not be determined by your marital status. Where did you get the information that you will lose this weekly benefit when you get married again?
To be absolutely sure, there is an informational number for the Worker's Comp division in the state of Georgia. I'll see if I can find it for you. Try this one and tell them you have a question about a settled claim.. 800-533-0682

But if you'd elected to take a lump sum, it sure wouldn't have been repayable if you remarried, would it?

Social Security widow's (survivors) benefits are stopped when the widow remarries, but this is not what you are getting, from the sound of things.

[Sheann09]

Thanks for answering my question. The benefits I get are from an Insurance Company where my husbands company had Workmen's Comp. Insurance. I receive my check from the insurance company every week. I see a worker from the insurance company every year coming out to make sure I have not remarried or living with anyone. Yes, they have to follow the laws of the State of Georgia, also there is no cap on the amount I get. I will receive benefits in the amount of 450.00 per week tax free until I reach the age of 62 years old or remarrie. No one has ever offered me a settlement even in the beginning. Everyone has an opinion but, my husband was still killed on the job, the insurance is to help me pay the bills we had at the time he was alive, like going from 160,000 a year to 40,000 a year. I can stay single and draw this until I turn 62 which will be 11 more years. I just didn't know if there was a law that would allow them to offer a settlement. Thanks again for at least being nice, and to the rude one,if you only have rude comments to make please just don't answer at all.

[NLW]

There is no law that requires you or the insurance company to settle. That said, most insurance companies will want to settle, so they can close out their claim and finalize any liability on your case. There are other costs involved with keeping your claim open outside of your ongoing payments - staffing costs, administrative costs, etc.

Fatality benefits cease upon the remarriage or cohabitation in a meretricious relationship of a surviving spouse. A meretricious relationship is if people of opposite sex live together continuously and openly in a relationship similar to marriage, which relationship includes sexual intercourse or sharing of living expenses.

You could certainly inquire to the insurance company whether they would like to settle. The cap on fatality benefits if $150,000 - how long have you been receiving benefits? You could request the remaining balance as a settlement demand and then see what they say. I would not recommend you indicate that you are interested in marriage or co-habitating as a part of your discussion with the insurance company.

[NLW]

Oh, and racer72, it irritates me that you take pride in being rude to people who come here because they need advice. There is a time and place when people need to hear cold hard facts - but as a blanket statement that you are doing your job by being rude is misguided and inappropriate.

[racer72]

Originally Posted by NLW

Oh, and racer72, it irritates me that you take pride in being rude to people who come here because they need advice. There is a time and place when people need to hear cold hard facts - but as a blanket statement that you are doing your job by being rude is misguided and inappropriate.

The OP came here and wants advice on how to rip off the system and the taxpayers of her state. Why shouldn't I be rude. And I'll be rude to her again when she comes back in a year or two with tears in her eyes because the state wants her to pay back money she defrauded from the taxpayers.

[lya]

Just as an FYI, there are states and incidents where Worker's Comp benefits ARE paid by the state; and, in every state, the Worker's Compensation Board is taxpayer paid. So, receiving benefits from a WC insurance company still includes support from your fellow taxpayers.

[swalton58]

I think this lady ask a question. " is this cohabitation" . There is nothing here that she is trying to cheat tax payers or do anything she shouldn't. Maybe she is trying to understand the law so that she does not do the wrong thing. Not everyone is trying to cheat the government. There also is no law about falling in love again after the death of a spouse even if the State Chooses to send her money. There is no law that she can not spend the night with this man. It seems to me she has her own home too. So, there is not wrong doing here.

[Sheann09]

I don't know why I even give this the time of day, but for everyone else out there. I am not trying to rip off anyone. I work and pay taxes just like everyone else, as did my husband who fell out a window on the job and was killed. If I can't afford to pay my bills if I marry then I will not marry, that is not cheating anyone. At some point I will, it has only been 3 years at this point. The law does not say, you get this money you have no one in your life. you do not sleep over, you do not eat with this man...etc...so I think someone has things a little mixed up. It does say "if you remarry" you loose benefits...ok I have not remarried as of yet. So, racer I wont' come crying to need to pay anything back because I have done nothing wrong to begin with. But, as the last person said, I was just asking a question.

But I do have to make one comment....racer, I assume you are an attorney telling me and everyone here I am trying to rip off someone...is that the pot calling the kettle black.

[racer72]

Originally Posted by Sheann09

But I do have to make one comment....racer, I assume you are an attorney telling me and everyone here I am trying to rip off someone...is that the pot calling the kettle black.

You assumed wrong. I am not nor have I ever been employed in the legal industry. I am a taxpayer though and I like to know that what I pay is not going to those who intend to rip off the folks that do pay taxes. If that was not your intent, please accept my apologies.

[commentator]

Very true, in each state, the worker's compensation boards are state funded and staffed by state employees, but the employer still paid premiums to a private insurance company which assumed the liability for this on the job death. So she is NOT getting any of your taxpayer money, even if you live in Georgia.

This worker's compensation board is there using state money to pay its employers whether this lady receives any assistance or not. She is just trying to do the right thing and marry this guy, when most people receiving such a settlement wouldn't think twice about cohabiting casually until she becomes 62. It's not like they had checkers who try to determine where you're sleeping or who's sleeping with you when you're getting a settlement.

Personally, I hope they would be willing to work out a settlement with her. If I were she, as someone has suggested, I don't think I would mention I wanted to marry again. And I certainly wouldn't call one of those folks on television who offer to help you get all your structured settlement right away.

[Sheann09]

Thank you for the info. and for being so nice.