If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
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If my spouse or parent dies due to a work-related injury or illness in New Jersey, am I entitled to any death benefits?
Work-related deaths are common in New Jersey. You may be entitled to workers’ compensation benefits if you have lost a loved one due to a job-related injury or illness. At the Todd J. Leonard Law Firm, we have decades of experience and can advise you on your legal rights.
Family members of a deceased New Jersey worker are entitled to a weekly death benefit payment of up to 70 percent of the worker’s weekly wage before death. If more than one family member is eligible, benefits are distributed among qualified family members.
Every year the death benefit amount changes. You receive the statutory maximum if that cap is less than 70 percent. The workers’ compensation death benefit cap for 2021 was $969 per week. The cap for 2022 stands at $1065 per week.
Worker’s compensation pays for medical expenses for care for the injured worker before they die. Family members may receive fees for a funeral and burial – either the actual costs incurred or $3,500 – whichever is lower.
Dependents are eligible to receive workers’ compensation death benefits. Those who are eligible include:
- Spouse (until they remarry);
- Natural children;
- Adopted children;
- Grandchildren; and
Benefits continue for dependents depending on their relationship with the deceased worker. In general, spouses receive death benefits for as long as they live. However, should they remarry, the benefits are limited to what they would have received before they remarried, or 100 times the amount of weekly compensation paid immediately preceeding the remarriage, whichever is less.
Children receive benefits until they are eighteen or until they are twenty-three if they are full-time students. If the child is mentally or physically disabled, they may be eligible for further benefits.
Workers’ compensation death benefits and their distribution can be complicated and confusing. At the Todd J. Leonard Law Firm, we have the answers to all of your questions.
Contact the Experienced Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm Now!
If you were recently injured in a workplace accident, this is undoubtedly a difficult time for you and your family. The workers’ compensation lawyers at the Todd J. Leonard Law Firm understand the challenges you face and want to help protect your rights. We aggressively represent every client we serve, ensuring they receive the benefits they are entitled to, so they can move on with their lives after a serious accident while on the job. Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.