New Jersey Accidental Death Benefits Attorneys & Workers Comp Lawyers
Nothing can replace the loss of a loved one. If your spouse, parent, or close relative died as the result of a workplace accident or illness, the grief you face is unbearable. In addition to your emotional pain, you now face serious financial issues. Funeral expenses, medical bills and the loss of household income add a significant burden to an already devastated family. What can you do? Who can you turn to for help?
When an employee dies because of a workplace injury, his or her dependents may be eligible to receive death benefits from Workers’ Compensation. The New Jersey Workers’ Compensation attorneys at Rudnick, Addonizio, Pappa & Casazza have more than 80 years of combined legal experience helping grieving family members get compensation they deserve to secure the financial safety net they need. Further, there are no upfront or out of pocket legal fees for you to pay. Our firm will be paid directly out of the net settlement proceeds at an amount not to exceed 20 percent. Further, the majority of that fee will be paid by the insurance carrier.
Death Benefits are Available through New Jersey Workers’ Compensation
Death benefits under Workers’ Compensation are set at 70 percent of the deceased’s average weekly wage, not to exceed the maximum benefit rate ($855 per week in 2015), and to be divided among surviving dependents. The Workers’ Compensation insurance carrier is also responsible to pay up to $3,500 towards funeral expenses.
Unlike a personal injury lawsuit, death benefits through Workers’ Compensation only compensate lost wages. If a third party was partially responsible for your loved one’s death, you may be able to file a lawsuit. For example:
- If a piece of machinery malfunctioned, you might sue the machinery’s manufacturer.
- If your loved one died in a motor vehicle crash while on the job, you might sue the at-fault driver.
You might also be entitled to social security benefits. Surviving spouses over the age of 60, children of certain ages, surviving spouses caring for children, and others may qualify.
Ask a compassionate employment law attorney at Rudnick, Addonizio, Pappa & Casazza for guidance on who to pursue for compensation. We handle all the legal details so you can focus on recovering from your tragedy.
Who is Qualified to Receive Death Benefits and How are They Paid?
A surviving spouse and natural children who were a part of your household at the time of the relative’s death are already considered dependents. “Natural children” include children who were legally adopted. Children who are dependents remain so until age 18 (age 23 if a full-time student). A dependent child who is physically or mentally disabled may be eligible for further benefits.
A surviving spouse and natural children who were not part of the household at the time of death must prove their dependence on the deceased. Any other person claiming to be a dependent (for example, a parent, grandparent, grandchild, brother or sister) must also prove actual dependence. A judge determines whether these relatives are considered dependents.
Funeral benefits are paid to the individual responsible for the funeral costs, or to the estate.
Call an Experienced East Brunswick Workers’ Comp Lawyer to Determine When Death Benefits are Payable
Dependents who are encountering difficulties with their death benefit payments, such as a child’s status as a full-time student being challenged, should consider talking to one of the attorneys at the law offices of Rudnick, Addonizio, Pappa & Casazza in Ocean, Monmouth or Middlesex county.
Having a seasoned employment attorney by your side ensures that your interests will be safeguarded. The attorneys at Rudnick, Addonizio, Pappa & Casazza serve clients in Middlesex, Monmouth and Ocean counties, as well as the Bayshore Area. Our years of experience handling Workers’ Compensation cases and our dedication to pursing legal justice can help you get the results you deserve. Call an attorney today at 888-657-8883 to schedule a free consultation, or fill out a contact form online.
From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright and Monmouth Beach.