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 30 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?
Over 30 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:

I highly recommend using this law firm.

My lawyer Paul Paravati was always available there for me and gave me first rate service.

- Richard B.
Todd Leonard and his staff made me feel like family.

Trust me, he will take you into his hands and take care of all your personal injury legal matters. They are friendly, professional, and go out all the way for you. Thank you Todd Leonard and staff.

- Frank O.
You are the most amazing person

and I am indebted to you forever!

- P.S.
The Leonard Law Firm is truly amazing.

They go above and beyond to make sure you get what you deserve.

- Gina V.
He was relentless

until the case was fully settled and all was in our favor. Thank you so much. We highly recommend his office to anyone.

- E. and M.
Mr. Leonard’s law firm constantly kept in touch

and on top of my problems. They were quick to respond to my legal needs and were very attentive and showed real concern to my issues. I highly recommend them to anyone needing legal representation.

- Leslie W.
Todd and his staff were courteous and caring about my personal well-being.

They were knowledgeable and settled my case in an expedited manner. I really felt they were on my side the whole way. Thank you Todd and staff for excellent treatment!

- B.H.

A proven track record of success

$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.96Million
Car Accident/Brain Injury
$3.5Million
Drunk Driving Accident
$3.1Million
Slip and Fall: Workers’ Compensation & Premises Liability Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Fire Apartment
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.1Million
Slip & Fall Accident

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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.