Losing a loved one is an incredibly painful experience, and it can be even more difficult when their death occurs while they are working. If your family member has passed away in a work-related incident in New Jersey, you may be wondering what happens next. Workers' compensation benefits are there to provide some financial support in such cases. In New Jersey, the law requires employers to carry workers' compensation insurance that covers death benefits for the dependents of workers who die from a workplace accident or an occupational illness.
Understanding what benefits are available and how to obtain them can help you during this challenging time. Below, experienced workers’ compensation lawyers at JFM Law will break down what happens when an employee dies at work in New Jersey, what kind of benefits are available, and how you can seek legal help to get the support your family needs.
Workers' Compensation Lawyer for Families in New Jersey
Losing a loved one in a work-related incident is a heartbreaking experience. During such a difficult time, securing the benefits your family is entitled to can feel overwhelming. In New Jersey, workers’ compensation provides financial support to families of workers who have passed away due to job-related accidents or illnesses. If you're facing this situation, JFM Law workers’ comp lawyers are here to help. Contact us for a free consultation at (732) 333-6621 or reach out online. We serve families throughout New Jersey from our offices in Freehold, Toms River, and New Brunswick.
Workers' Compensation and Death Benefits in New Jersey
In New Jersey, workers’ compensation laws ensure that dependents of workers who die as a result of a work-related accident or illness receive financial compensation. These laws are designed to provide support to families without the need to prove fault, making it easier to access benefits during a difficult time.
New Jersey’s workers' compensation law includes death benefits that are meant to help with the financial burden left behind when a worker dies. Under NJ Statutes § 34:15-13, death benefits are paid out to dependents, such as a spouse or children, who relied on the worker's income for financial support.
Who Qualifies as a Dependent?
Under NJ Statutes § 34:15-13(f), dependents include:
- The spouse of the deceased worker,
- Children, including stepchildren, legally adopted children, posthumous children, and illegitimate children who were dependent on the worker,
- Parents and stepparents,
- Grandparents,
- Brothers, sisters, half-brothers, half-sisters, nieces, and nephews.
Legally adopted children are considered just like natural children under the law. Dependency is automatically assumed for the spouse and children of a deceased worker who are under 18 years of age (or under 23 if they are enrolled full-time in school).
How Death Benefits Are Calculated
The amount of death benefits your family is entitled to is based on the deceased worker’s income. Specifically, dependents are entitled to receive 70% of the worker’s average weekly wage.
The death benefits are divided among the dependents, and the distribution of the compensation is determined by the Division of Workers' Compensation. Under NJ Statutes § 34:15-13(g), the division will make sure the payments are allocated fairly based on each dependent’s degree of reliance on the deceased worker’s income.
For example, if there is a spouse and two children, the Division of Workers’ Compensation may decide how much each dependent will receive based on their relative financial needs.
How Long Do Death Benefits Last?
If you are a dependent receiving death benefits, how long you receive these payments depends on your situation:
- If you are a spouse, you will receive payments as long as you do not remarry. If you do remarry, your benefits will stop. However, under NJ Statutes § 34:15-13(f), if you remarry, you are entitled to a lump sum payment of 100 times your weekly benefit or the remaining compensation owed to you (whichever is lower).
- If you are a dependent child, you will receive payments until you turn 18, or 23 if you are a full-time student.
However, there are exceptions. For example, if the deceased worker was a member of the police or fire department and died in the line of duty, the surviving spouse will receive payments for life, even if they remarry.
Funeral and Burial Expenses
In addition to death benefits, workers' compensation also helps cover the costs of burial and funeral services. Under NJ Statutes § 34:15-13(h), the maximum amount for funeral and burial expenses is $5,000. If the family or someone else has already paid for these costs, they can be reimbursed for what they spent, up to that $5,000 limit. If no one has paid for the funeral yet, the undertaker or embalmer can receive the payment directly from workers' compensation.
What If the Worker Died From an Occupational Disease?
In some cases, a worker might not die from a sudden accident but rather from an occupational disease that developed over time due to their work. New Jersey law covers these situations under NJ Statutes § 34:15-30. This law makes it clear that death caused by a compensable occupational disease is treated the same way as death caused by a workplace accident. As long as the illness was connected to the worker's job, dependents will be eligible for the same death benefits.
For example, if your loved one died from lung disease caused by long-term exposure to hazardous materials at their workplace, you may still qualify for workers’ compensation death benefits.
When Is a Death Not Covered?
While workers' compensation covers most work-related deaths, there are certain situations where benefits may not be provided. For example, if the worker's death was due to their own willful misconduct or intentional exposure to known hazards, the employer may not be required to provide death benefits. Under NJ Statutes § 34:15-30, if a worker intentionally put themselves at risk or ignored proper safety protocols provided by their employer, death benefits may be denied.
What Happens if the Deceased Worker Was a Minor?
In some tragic cases, the deceased worker might have been a minor. New Jersey law provides special protection for minors who die while working. Under NJ Statutes § 34:15-10, if a minor was working illegally (such as underage or without the proper work permits), their dependents are entitled to double the standard death benefits. This means the dependents of a minor who was working illegally may receive 140% of the worker’s weekly wages.
How Long Do You Have to File a Claim?
If you are the dependent of a worker who died due to a work-related accident or illness, you must file a claim within a certain period. According to NJ Statutes § 34:15-51, you have two years from the date of the worker’s death to file a claim for workers' compensation death benefits. If you miss this deadline, you may lose the right to any benefits.
It’s important to gather the necessary documents to support your claim. This might include medical records, proof of the deceased’s employment, and evidence showing the connection between the death and the worker’s job.
How a Workers’ Compensation Lawyer Can Help
The workers’ compensation system in New Jersey can be overwhelming, especially when you are grieving the loss of a loved one. A workers’ compensation lawyer can help guide you through the process and ensure that your family gets the support you need.
- Explain Your Rights: Workers' compensation laws can be complicated, and a lawyer can break them down in simple terms. They can explain what benefits you are entitled to and how much you can expect to receive.
- File Your Claim on Time: A lawyer will make sure all the paperwork is filed correctly and within the deadline. They will help gather the necessary documents and evidence to support your claim.
- Negotiate with Insurance Companies: Sometimes, insurance companies may try to minimize the amount of compensation you receive. A workers’ compensation lawyer can negotiate on your behalf to ensure you receive the full benefits you deserve.
- Represent You in Disputes: If your claim is denied or the amount you are offered seems unfair, a lawyer can represent you in hearings before the Division of Workers’ Compensation. They will present your case and advocate for your family’s rights.
- Help You Understand Other Legal Options: In some cases, workers' compensation might not be your only option. For example, if your loved one died due to someone else’s negligence, you might also be able to file a wrongful death lawsuit under 2A:31-1.
Frequently Asked Questions
What are workers’ compensation death benefits?
Death benefits provide financial compensation to dependents of a worker who dies due to a work-related injury or illness.
Who qualifies as a dependent in New Jersey?
Dependents include a spouse, children, parents, grandparents, and other relatives who relied on the worker’s income.
How much are death benefits?
Dependents receive 70% of the deceased worker’s average weekly wage, divided among eligible dependents.
How long do death benefits last?
A spouse receives benefits until remarriage, and children receive benefits until age 18 (or 23 if full-time students).
Are funeral expenses covered?
Yes, workers' compensation covers up to $5,000 in funeral and burial expenses.
Is a death from an occupational disease covered?
Yes, deaths caused by work-related diseases are treated the same as deaths from accidents.
What situations may not be covered?
Deaths due to the worker’s willful misconduct or intentional risk-taking may not qualify for benefits.
What if the deceased worker was a minor?
If a minor died while working illegally, their dependents receive double the standard death benefits.
How long do I have to file a claim?
Dependents must file a claim within two years of the worker’s death.
Can benefits stop if the spouse remarries?
Yes, but the spouse is entitled to a lump-sum payment upon remarriage.
Support After a Workplace Tragedy — NJ Workers' Comp Attorney
The death of a loved one at work is heartbreaking, but workers’ compensation laws in New Jersey are there to help ease the financial burden on your family. By understanding the benefits you are entitled to, including death benefits and funeral expenses, you can take the necessary steps to secure the compensation you deserve. JFM Law understands how hard it can be to handle everything on your own. Whether you’re just beginning the claim process or facing obstacles with an existing claim, our workers’ comp lawyers are here to help guide you through it. Reach out today for a free consultation at (732) 333-6621 or contact us online.