Though extremely unfortunate, wrongful deaths as a result of a workplace accident do happen. If your loved one passes away as a result of their injuries that were obtained on the job, you may be able to receive death benefits as a dependent. In order to be eligible, you must file a dependency claim petition within New Jersey’s strict statutes of limitations so it is important to speak with an attorney immediately upon the death of your loved one. The attorneys at The Mark Law Firm want to assist you in easing the financial stresses that come with the death of a loved one.
In New Jersey, dependents may receive workers’ compensation benefits on behalf of their loved one that has passed away as the result of workplace injuries. However, the dependents will only receive 70-percent of wages that their loved one took home every week. The dependents can collect these wages for up to 450 weeks in New Jersey. If the spouse chooses not to remarry within that timeframe, they may still be able to collect wages in the time after the 8.6 years. The company who provides workers’ compensation benefits is entitled to pay $3,500 in expenses related to the funeral. The statutes of limitations in New Jersey for this type of claim is two years of the date of the accident.
In New Jersey, there is a list of persons who can be considered dependents of the person who has passed away due to their workplace related injuries. These include children, surviving spouses and other dependents that may be grandparents, parents, grandchildren and siblings. Your child can only be considered a dependent until they are 18 years old. If they are going to school full-time, they can remain as a dependence until they are 23 years old. Anyone who claims to be a dependent must prove that they truly relied on their loved one’s wages to survive.
In New Jersey, the laws of workers’ compensation allow dependency benefits to be determined solely on lost wages that they relied on. When filing a wrongful death claim, you will have to prove that the death was caused by a wrongful act or another form of negligence. If you believe that negligence played a role in the death of your loved one while they were working, The Mark Law Firm can help you file a claim and assist in obtaining their wages and covering funeral costs.
If you have any questions about filing a dependency claim petition, please contact The Mark Law Firm today for a free consultation. We will discuss the circumstances and facts surrounding your particular case in order to pursue your claim.