What Can You Expect to Recover When a Loved One Dies on the Job?
In New Jersey, as in all states, when you suffer any type of injury at work, you have the right to file a workers’ compensation claim to cover lost income, as well as all reasonable and necessary medical expenses arising out of your injury. There’s no need to prove that your employer was careless or negligent. You must prove only that you were injured and that the injury occurred during the course of your employment. What happens, though, when your injuries ultimately lead to your death? What types of benefits can a surviving family member expect to recover after a workplace fatality?
What Benefits Are Paid When a Worker Dies on the Job in New Jersey?
Under New Jersey law, when a person suffers a fatal injury in a work-related accident, the surviving dependents are entitled to payment of disability or income benefits. Those benefits are calculated at a rate of 70% of the deceased worker’s average weekly wage for the six months immediately preceding the worker’s death. In 2024, the minimum amount that will be paid weekly is $317, and the maximum is $1,131. The duration of the benefits is determined as follows:
- Surviving spouses may receive benefits for life, unless they remarry, at which time they can take a lump-sum payment of 100 times the weekly benefit.
- Dependent children can receive benefits until the age of 18 or 23, depending on whether they are enrolled as students. Both adopted and biological children are eligible.
- Parents who were dependent on the decedent for support may be entitled to lifetime benefits calculated based on the level of support received.
- Dependents with mental or physical disabilities may receive benefits for up to 450 weeks.
Surviving family members are also eligible for funeral and burial benefits up to $3,500.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, including a workplace injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.