Workers’ Compensation Lawyers East Orange, NJ | Essex County | Work Injury Attorney
Accidents happen, that’s a given. However, when you’ve lost a loved one in a workplace accident, you shouldn’t have to be worried about paying your bills while you are grieving. Dependents are eligible to receive death benefits under the New Jersey Workers’ Compensation system.
One would think the process of obtaining these financial benefits would be fairly simple. Unfortunately, when it comes to NJ Workers’ Comp benefits, few things are quite that easy. At Team Law, we have guided thousands of families in Union, Middlesex, Essex and Hudson counties through the complex maze of guidelines involved with collecting Workers’ Compensation benefits. Contact our experienced lawyers today for assistance with your case.
What are Workers’ Compensation Death Benefits?
All employers in New Jersey are required by law to provide Workers’ Comp benefits for employees who get hurt at work. Also referred to as “being on disability,” workmans comp covers medical expenses and provides replacement pay for someone who is out of work while recovering from a workplace injury for more than a week.
However, with the most catastrophic of accidents, when a worker dies, the Workers’ Compensation system also provides death benefits for surviving family members. The laws recognize that, if someone in your immediate family died as a result of a workplace accident, you will not only have funeral expenses but the burden of continuing to pay your bills, despite the loss of the deceased’s income. The individual (or estate) who pays for the funeral is entitled to receive up to $3,500 for funeral expenses if the death was caused by an accident or circumstance on the job.
Additionally, in New Jersey, weekly death benefits are paid in the amount of 70 percent of the weekly paycheck of the worker who was killed as a result of a workplace accident. There is a maximum benefit amount set by the NJ Commissioner of Labor each year. For details on how much death benefit compensation you may be entitled to receive, contact Team Law’s experienced Workers’ Compensation attorneys right away.
Who is Entitled to Receive Workers’ Comp Death Benefits?
According to the New Jersey Department of Labor, “dependents of a worker who dies because of a work-related injury or illness may be eligible to receive death benefits.”
- A surviving spouse and natural children who were living with the deceased at the time they were killed are automatically considered to be dependents.
- Anyone claiming to be a dependent who was not living with the deceased at the time of death must prove legitimate dependency to a judge. This includes a surviving spouse, natural children over 18 years old, parents, grandparents, grandchildren, brothers, sisters, etc.
- Once a child turns 18 years old (23 years old if they are a full-time student) they are no longer considered dependents of the deceased for the purposes of Workers’ Compensation death benefits.
- However, a disabled child may be eligible for benefits after they turn 18 years old. They may also be eligible for additional benefits.
A New Jersey Workers’ Compensation judge will determine how death benefits are divided among the deceased’s dependents. If you believe you are entitled to death benefits because your loved one was killed in a workplace accident, contact the knowledgeable lawyers at Team Law. Our experience with the New Jersey Workers’ Compensation system is vast; we can assist you by dealing with the insurance companies to ensure that you get your share of the death benefits you are legally entitled to receive.
Contact Team Law Today for a Free Consultation about Workers’ Comp Death Benefits
If you believe you have a legitimate claim to a deceased’s Workers’ Comp death benefits, we can help. Call our office today or fill out our convenient online contact form to request a free consultation with skilled Workers’ Compensation attorneys in East Orange and Essex, Union, Middlesex and Hudson counties. We represent families across New Jersey.