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Receiving a Fair Amount for Your Workers’ Compensation Settlement

If you have been injured on the job it is likely that you will have the option to consider a settlement negotiated by your attorney with your employer’s Workers’ Comp insurance company.  Given this opportunity it is very important to make every decision wisely, and doing so with the assistance of your experienced attorney will…Read More

Workers’ Comp Laws Offer Unique Advantages, Disadvantages in Different States

When a person who lives in New Jersey suffers a work-related injury and files a Workers’ Compensation claim to cover their medical costs and related expenses, the claims process is very different than it would be for someone injured while working in a state like California. That’s because each state has its own Workers’ Compensation…Read More

Uber Settles Class Action Lawsuits, Agrees to Make Changes But Will Not Classify Drivers as “Employees”

Uber, the major online transportation company, has resolved two class action lawsuits by drivers who wanted the company to make changes to improve work conditions and provide Uber drivers with “employee” status. The lawsuits were filed in California and Massachusetts. Uber, which is based in San Francisco, CA, provides online car services across the country.…Read More

I got hurt on the job. Can I sue my employer?
If I file for Workers’ Compensation in NJ, will I have to go to court?
Can they make me return to work before I’m ready?
Can my boss fire me for filing a Workers’ Comp Claim?
Does the Workers’ Compensation System allow me to choose my own doctor?
How much replacement pay can I get?
Can they send me back to work on light duty?
Can I work at all while I’m collecting Workers’ Comp replacement pay benefits?

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.

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Client Testimonials

"I would absolutely recommend Roy Konray and his colleagues at Team Law. Roy took his time to get to know me and my medical malpractice case. In addition to being friendly and very easy to get along with, Roy did his homework. He is very knowledgeable about medical information and came to trial prepared to fight for my rights. He kept me informed throughout the process and was on my side every step of the way. I'm sincerely grateful to have been represented by him and even more grateful for the verdict he won for me." [read more]

C. Evans, Millington, NJ / MEDICAL MALPRACTICE

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Areas We Serve

We handle cases in Elizabeth, Jersey City, New Brunswick, Newark, Orange, Perth Amboy, Plainfield, Summit, Jersey City, West New York, Clark, Westfield and all surrounding areas in New Jersey.