New Jersey Workplace Fatal Injury Attorneys

Fighting for Families After a Work-Related Death in New Jersey

A wrongful death occurs when one person’s negligence or a company’s negligence causes someone else’s death. Wrongful death claims can arise from many situations, including workplace accidents that take a life.

A wrongful death lawsuit will not restore a lost life. Yet it will help surviving family members. A wrongful death claim can seek compensation for the untimely loss of a loved one, and also help family members hold negligent parties accountable for the harm they have caused. 

If you have lost someone you love to a fatal work-related accident, speak to an experienced New Jersey workplace wrongful death lawyer immediately. The team at the Todd J. Leonard Law Firm can help. 

New Jersey Workplace Fatality Statistics

In 2023, New Jersey reported 81 work-related deaths, according to the Bureau of Labor Statistics (BLS). New Jersey workers died on the job at a rate of 1.8 workers per 100,000 state residents. 

Nationwide, the United States recorded 5,283 workplace deaths in 2023. The national death rate was 3.5 deaths per 100,000 workers. 

New Jersey’s total of 81 on-the-job deaths in 2023 represented a decrease from previous years. However, it still represents dozens of preventable deaths in New Jersey workplaces – and significant burdens for families. 

Leading Causes of Fatal Workplace Accidents in New Jersey

According to the BLS, four causes accounted for 84 percent of all work-related injuries in 2023. 

Slips, trips, and falls. Slips, trips, and falls caused 23 percent of New Jersey workplace deaths and 17 percent of worker deaths nationwide in 2023. This category includes both falls at the same level and falls from a height, such as a worker falling off a scaffold or into a ditch. Falls from a height are more likely to cause fatal injuries, but both types can cause death.

Exposure to harmful substances and environments. Exposure to toxic chemicals, extreme temperatures, and other harmful substances and environments caused 23 percent of New Jersey workplace deaths in 2023. Exposure was linked to 16 percent of worker deaths nationwide in 2023.

Transportation incidents. Car accidents and similar incidents caused 21 percent of workplace deaths in New Jersey in 2023. Nationwide, transportation incidents were responsible for 37 percent of work-related deaths. 

Contact incidents. Workers struck by equipment or materials, who become pinned between objects or injured in similar ways, suffer “contact incidents.” In 2023, 16 percent of work-related deaths in New Jersey resulted from contact incidents. Nationwide, 15 percent of work-related deaths in 2023 involved a contact incident. 

Wrongful Death at Work by Industry

Construction was the single deadliest industry in New Jersey in 2023. Construction work-related accidents claimed 18 lives that year. Ten of the 18 deaths resulted from a trip, slip, or fall at work. 

Across all industries, workers responsible for transportation or moving materials faced the highest death rates. Nineteen transportation and material moving workers died in work-related accidents in New Jersey in 2023. Of these 19 deaths, nine occurred in a “transportation incident,” such as a vehicle crash. Truck drivers and traveling sales workers accounted for eleven of the 19 deaths. 

While some industries and jobs are deadlier than others, any worker can suffer fatal injuries on the job. An experienced attorney can help surviving family members secure the compensation they deserve.

New Jersey Workers’ Compensation Death Benefits

Workers’ compensation covers certain costs stemming from a work-related injury or illness. When these injuries prove fatal, workers’ compensation provides certain benefits to surviving family members. 

Workers’ compensation includes “dependency benefits.” Also known as “death benefits,” these benefits seek to help families make ends meet after the untimely loss of a family member. 

Dependents of an employee who suffers a fatal work-related injury or illness may receive up to 70 percent of the weekly wage of the deceased worker. The amount cannot exceed a maximum set by the Commissioner of Labor each year. They can also receive up to $5,000 for funeral and burial expenses. 

New Jersey law presumes that the surviving spouse and children living in the deceased person’s household were the deceased person’s dependents. Children remain “dependents” until age 18, or age 23 if they are full-time students. Children with certain disabilities may receive benefits for a longer period. 

Surviving spouses and children who don’t live with the dependent, along with other family members, can also seek dependency benefits. However, these family members must demonstrate that they are eligible for benefits. An experienced New Jersey workers’ compensation attorney can help you and your family demonstrate the need for benefits. 

Who Can File a New Jersey Wrongful Death Claim?

A wrongful death claim can proceed even if a workers’ compensation case is already underway. However, the outcome of each case can affect the other case. It’s important to work with an experienced New Jersey attorney to ensure that both cases proceed smoothly, without undermining your right to receive full, fair compensation for your loss. 

Time Limits for Filing a Workplace Wrongful Death Claim in New Jersey

New Jersey sets a two-year time limit for filing a wrongful death claim. The rule that sets this time limit is called the “statute of limitations.” 

A wrongful death claim must be filed within this two-year window in most cases. If the claim is not filed within this time, the court will dismiss it without a hearing. The surviving family members lose their opportunity to seek compensation through a civil lawsuit. 

Some exceptions apply. For example, the two-year limit does not apply if the death resulted from murder, aggravated murder, or manslaughter for which the perpetrator was convicted, pled not guilty by reason of insanity, or was adjudicated delinquent. Speak to an attorney to learn about other exceptions and whether they might apply in your case. 

What Compensation Is Available in a Wrongful Death Lawsuit?

A wrongful death claim seeks to prove that a negligent party caused fatal injuries and that certain losses resulted from that death. These losses are addressed via compensation, which is most commonly paid in monetary damages. 

Damages in a wrongful death case seek to compensate the deceased person’s estate, and those who inherit it, for losses like:

• Medical, funeral, and burial expenses related to the deceased person’s final injury or illness.
• The loss of financial support to surviving dependent family members.
• The family’s loss of the deceased person’s care, companionship, advice, guidance, and contribution to household chores and tasks. 

New Jersey prioritizes the surviving spouse and children when determining compensation recipients. If the deceased person did not leave a spouse or child, their parents can receive compensation. If no parents survive the deceased person, their siblings, nieces, or nephews may inherit. 

Who Can File a Wrongful Death Claim?

New Jersey requires the “personal representative” of the deceased person’s estate to file the wrongful death claim. The personal representative may hire an attorney of their choice to handle the filing, investigation, and other tasks essential to success in a wrongful death case. 

A deceased person’s will or estate plan usually names their personal representative. If the person died without naming a personal representative, the court will appoint someone. An attorney can help you navigate this process. 

New Jersey Wrongful Death Lawsuits vs. Criminal Cases

Some deaths result in criminal charges against a person believed to have caused the death. In the drunk driving example above, for instance, the drunk driver might face criminal charges for DUI as a result of the accident.

A wrongful death case is a civil claim. It seeks damages to compensate surviving family members. Civil cases follow different rules and seek different outcomes from criminal cases. 

A personal representative can file a wrongful death claim even if a criminal case is proceeding. Since each case can affect the other, however, it’s wise to work with an attorney with extensive experience handling wrongful death claims. 

Contact Our Dedicated New Jersey Workplace Wrongful Death Attorneys Today!

The sudden loss of a loved one is devastating. You don’t have to bear the burden of loss alone. The experienced New Jersey wrongful death attorneys at the Todd J. Leonard Law Firm can help. We have over 35 years of experience fighting for families who have lost a loved one. When a loved one dies in a work-related accident, the deceased employee’s family may be entitled to death benefits through a New Jersey workers’ compensation claim. 

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.