New Jersey Wrongful Death Attorneys
Fighting For Those Who Have Lost a Loved One Due to Negligence in New Jersey
There are more workplace fatalities than many of us would like to think. There is a long list of ways a worker can be killed in an accident, and these events happen with unfortunate regularity. Whether you are the spouse, child, or other dependent of someone who suffered this tragic outcome, our office is here to help. Daniel Santarsiero, Esq. has over 30 years of experience helping families get the compensation that is rightfully theirs as they move forward in rebuilding their lives.
Schedule a free consultation with our accidental death lawyer in New Jersey by calling (934) 200-5372. We serve Ocean, Monmouth, and Middlesex Counties and throughout all of New Jersey.
Hear From Our Happy Clients
At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Hard Work & Dedication"Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.- Zalana K.
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"A Great Experience!"I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.- Larry W.
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"Highly Recommend!"He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!- Barbara A.
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"He is Amazing!"He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.- Amanda A.
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"A Blessing!"He sure will go to bat for someone he believes in. I would recommend him over and over again.- Eileen H.
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"Very Satisfied!"I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.- Lucas Vieira A.
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"Definitely Recommend!"I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.- Russ D.
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"The Best Results!"He resolved any concerns and concluded the case within a reasonable amount of time with positive results.- Stephen C.
Common Accidental Deaths in the Workplace
New Jersey has a high population density and more commercial activity than most states. The unfortunate side effect of that vibrancy is that we also have a larger percentage of the national workplace deaths. The Occupational Safety and Health Administration (OSHA) reports that approximately 5,000 workers are killed in accidents in private industry almost every year.
Statistics demonstrate that certain risks and factors result in deaths more frequently than others, and the largest percentage of fatalities are caused by some form of construction accident.
The most common ways accidental death happens within the scope of employment include:
- Fall
- Electrocution
- Motor vehicle accident
- Defective machine or product
- Being struck by an object
- Forklift accidents
- Collapse
- Fire or explosion
- Confined space
- Train accident or derailment
- Boating or maritime accident
- Aviation or plane accident
If you are a dependent who lost your loved one in an accident or as a result of occupational exposure, you are entitled to benefits under the New Jersey Workers’ Compensation Act.
Who is Eligible to File for a Workers' Compensation Wrongful Death Claim?
The eligible dependents include:
- Surviving Spouse: The deceased worker's spouse is the primary person eligible to file for workers' compensation death benefits. The spouse is presumed to be wholly dependent on the deceased and is entitled to compensation based on a portion of the worker’s wages.
- Minor Children: If the deceased worker has minor children, they are also presumed to be wholly dependent on the parent’s income. Children under 18 (or under 23 if enrolled as full-time students) may receive benefits if they meet the dependency requirements.
- Disabled Adult Children: Children over the age of 18 who are permanently disabled may be eligible for death benefits as long as they can demonstrate continued dependency on the deceased worker.
- Parents: If the deceased worker’s parents depended on their income, they might be eligible for benefits. However, they must prove partial or total dependency at the time of the worker’s death.
- Other Dependents: Other relatives, such as siblings or grandchildren, may be entitled to death benefits if they can indicate they were financially dependent on the deceased worker and were living in the worker’s household at the time of death.
What is the Statute of Limitations for Workers' Compensation Wrongful Death Claims in New Jersey?
New Jersey law sets a statute of limitations for filing workers’ compensation claims, including accidental death claims. Under the New Jersey Workers' Compensation Act, dependents must file a claim for death benefits within two years of either:
- The date of the worker’s death, or
- The last payment of compensation made to the worker or their family before their death.
Failing to file within this timeframe could lead to the loss of the right to claim benefits. However, there are exceptions in cases where the cause of death is not immediately known or if there is a delay in identifying the workplace accident as the cause.
Because of the strict deadlines, it is essential to consult with legal professionals as soon as possible after a worker’s death. We will be able to determine the correct filing deadlines based on the specifics of the case and help ensure that the claim is properly filed within the legal time frame.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 934-200-5372 today!
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Can you collect workers’ compensation and retirement benefits?If you retire while on workers’ compensation, you may still be entitled to certain workers’ comp benefits. For example, workers’ comp will continue to pay for all reasonable and necessary medical treatment. While temporary wage replacement will cease if you retire, since retirement means you have no intention of returning to work, you are still able to collect permanent disability benefit payments while retired.
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Does a workers’ compensation settlement affect Social Security disability benefits?Yes. New Jersey is considered a “reverse offset” state. Unlike most other states where workers’ comp benefits may be reduced to the extent that a disabled worker is also receiving Social Security disability benefits, in New Jersey workers’ comp benefits are used to offset the Social Security disability benefits that a worker would receive. Although New Jersey law does not consider workers’ comp settlements to be compensation benefits, the Social Security Administration does offset settlements against disability benefit payments.
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Can you get unemployment after filing for workers’ compensation?While you cannot collect unemployment and workers’ comp benefits at the same time, you may be able to file a claim for unemployment benefits (if you have been terminated from your job for an eligible reason) after you have fully recovered from a work injury or illness and no longer receive workers’ comp benefits.
Available Death Benefits in New Jersey
The compensation survivors can receive includes the following:
- Death benefits for dependents: These generally include weekly payments based on a percentage of the deceased worker’s wages.
- Funeral expenses: New Jersey Worker's Compensation law also covers funeral expenses for workers who die from work-related incidents. The amount provided for funeral costs is capped at a specific limit set by law.
- Surviving spouse benefits: A surviving spouse is eligible for benefits until they remarry or until their death. The benefit amount is calculated as a portion of the deceased worker’s average weekly earnings.
- Child dependency benefits: Children of the deceased worker are eligible for benefits until they reach the age of 18. It can be longer if they are full-time students or disabled.
- Non-dependent parents and siblings: If there are no immediate dependent relatives, non-dependent parents and siblings may receive compensation. However, these benefits are often limited compared to those for direct dependents.
- Permanent total disability payments: In cases where a worker's death results from a permanent total disability previously awarded, benefits continue to be paid to dependents.
- Medical expense reimbursement: Any medical expenses incurred before the worker’s death due to the workplace injury are reimbursable under New Jersey Workers Compensation Law.
Daniel Santarsiero, Esq. is highly knowledgeable in survival claim cases and has the tools to help you and your family get the settlement you deserve.
Contact Our Accidental Death Attorneys in New Jersey Today
It will likely be necessary to file a formal claim petition with the deceased’s employers’ workers' compensation insurance carrier. Accidental death claims often involve payments made over a long period of time. It’s our experience, unfortunately, that insurance carriers often need to be put under pressure to pay out benefits to the maximum degree allowable by law. We’re here to apply the needed pressure.
To discuss the specifics of your situation, call us at (934) 200-5372 or reach out here online to set up a free consultation with our New Jersey accidental death lawyer. If you choose to retain our firm, we will represent you on a contingency basis, which means that we will not charge any legal fees unless we make a recovery on your behalf.