Workers' compensation benefits are intended to aid an employee and his or her dependents in the event serious injury or death arises in the course of job-related functions.
Generally, for purposes of benefit collection, "spouses" are defined under workers' compensation law as individuals married to injured workers. Usually, live-in boyfriends and girlfriends are excluded from receiving workers' compensation benefits. But what if the couple is precluded by law from marrying?
Georgia, like many other states, has implemented a same-sex marriage ban that forbids homosexual couples from being married. The legislature banned it in 1996, and a constitutional amendment underscoring the same was passed in 2004.
Still, our Atlanta workers' compensation attorneys recognize there may be some hope for homosexual couples in this regard, given the recent precedent set by the U.S. Supreme Court's determination that the Defense of Marriage Act (DOMA) was unconstitutional, as well as the Alaska Supreme Court in Harris v. Millennium Hotel.