The Georgia Court of Appeals has reversed its decision on a 2015 parking lot shooting outside of a grocery store after reviewing the Georgia’s Workers’ Compensation Act. Fabiola Zavaleta-Ramirez was killed after her shift during a robbery attempt while speaking with a co-worker by her vehicle.
According to cvn.com, the Judge ultimately ruled that “given the evidence showing the store did not own, maintain, or control the parking lot, a jury would at least be authorized to conclude that Zavaleta-Ramirez’s death in an after-work shooting in that parking lot did not occur in the course of her employment, and thus was not compensable under the Act.”
It’s cases like these that show how complex a worker’s compensation or wrongful death case can be. We at Gerber & Holder Workers’ Compensation Attorneys are here to help make that process easier. We will help you, even if your claim gets denied.
Enforcing your workers’ compensation rights at times can be a challenging situation. Complicated forms and procedures must be followed. It’s often wise to have an attorney to represent you because of the many factors needed to win your case. Our decades of experience has taught us how to help secure the maximum amount of benefits for our clients.
In cases of a denied claim, hiring an experienced workers’ compensation attorney can pay off. In fact, on average, data indicates that denied claimants who hired lawyers received significantly more in compensation than those who didn’t.
It’s vital that you understand your state’s unique rules and what benefits your family is entitled to receive.
Under Georgia law, workers’ compensation is guaranteed to injured workers for any damages resulting from a work-related accident or occupational illness, including:
- Medical bills
- Lost wages
- Travel expenses to/from the doctor
- Vocational rehabilitation
- Death benefits (in the event of worker fatality; paid to victim’s family)
What to do when your claim is denied
Though many suffer from the loss of a loved one, Georgia law provides a hierarchy of family members eligible to file a wrongful death claim. The order for eligibility is:
- Spouse
- If there’s no spouse, the victim’s children are next in line.
- If there are no children, the victim’s parents may file the lawsuit.
- If the parents are no longer alive, the executor of the estate may file the lawsuit.
