Skip to content 
If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
Over 35 years of experience. Over $100 million recovered for clients.
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;
- Siblings;
- Parents;
- Grandchildren; and
- Grandparents
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.
Other Workers’ Compensation FAQs:
- Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
- Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
- Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
- Are Minors Entitled to Workers’ Compensation Benefits?
- Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
- Are Workers’ Compensation Benefits Taxable?
- Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
- Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
- Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
- Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
- Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
- Can I Get Workers’ Compensation When A Coworker Assaults Me?
- Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
- Can I Reopen My Workers’ Compensation Case?
- Do I Need A Doctor’s Approval to Return to Work?
- How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
- How Does A Workers’ Compensation Lawyer Get Paid?
- How Much Do Workers’ Compensation Lawyers charge in New Jersey?
- How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
- How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
- I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
- If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
- Is My Injury Considered A Permanent Partial Disability?
- Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
- The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
- What Do I Do If I Get into a New Jersey Car Accident While Working?
- What Does A Workers’ Compensation Lawyer Do For You?
- What Does A Workers’ Compensation Lawyer Do?
- What Does A Workers’ Compensation Lawyer Need to Know?
- What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
- What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
- What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
- What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
- What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
- What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
- What Happens When Using A Lawyer For A Workers’ Compensation Claim?
- What Happens When You Get A Workers’ Compensation Lawyer?
- What Is A Workers’ Compensation Lawyer?
- What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
- What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
- What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
- What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
- What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
- What Will A New Jersey Workers’ Compensation Attorney Do For Me?
- What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
- When Do I Need A New Jersey Workers’ Compensation Lawyer?
- When Do Workers’ Compensation Payments Stop?
- When To Get A Lawyer For TBI Workers’ Compensation?
- When To Get A Workers’ Compensation Lawyer?
- While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
- Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
- Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
- Why Should I Have A Workers’ Compensation Lawyer?
A proven track record of success
Request a Free Consultation
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.