WORKERS' COMPENSATION

New Jersey Death Benefits Lawyer

New Jersey Death Benefits Lawyer

Lost a loved one due to a work-related injury? Contact an award-winning New Jersey death benefits lawyer at Pellettieri Rabstein & Altman for a free consultation.

When a family member sadly passes away because of a work-related injury, we believe you and your family deserve an award winning death benefits lawyer in New Jersey.

Losing a loved one due to a workplace accident and injury is not only an emotional challenge—it’s financial too. You might suddenly be left without the income you counted on, wondering how you’re going to manage. It’s not something anyone should have to deal with alone. That’s why it’s important to count with workers’ compensation attorneys who know how to help families recover the death benefits they deserve.

Call (609) 520-0900 or contact us online to schedule a free consultation.

How Pellettieri Rabstein & Altman Can Help After a Work-Related Death

How Pellettieri Rabstein & Altman Can Help After a Work-Related Death

At Pellettieri Rabstein & Altman, our award-winning attorneys know how overwhelming it can feel after a loved one’s sudden passing. We’re here to make sure you’re not facing this alone. Our team helps families by:

  • Free case evaluations
  • Collect the evidence needed to prove your claim
  • Identify every party who may be responsible
  • Fight for the full death benefits your family deserves

What Are Death Benefits Under New Jersey Workers’ Compensation?

What Are Death Benefits Under New Jersey Workers’ Compensation?

If a worker passes away because of a job-related injury or illness in New Jersey, their dependents may qualify for certain benefits. These can include ongoing financial support and help with funeral costs. The exact amount and length of these benefits depend on several factors, including the family’s relationship to the worker and their level of dependence.

Understanding and navigating these benefits can be complex. If you’ve lost a loved one due to a workplace incident, consulting with an experienced workers’ compensation attorney can help ensure you receive the full benefits you’re entitled to.

Who Is Eligible to Receive Death Benefits?

Who Is Eligible to Receive Death Benefits

After a work-related death, certain family members may qualify to receive workers’ compensation death benefits in New Jersey. Eligibility depends on the relationship to the deceased and whether the person was financially dependent at the time of death. Here’s a closer look at who may qualify:

Spouses

A surviving spouse is generally presumed to be a dependent and is eligible to receive weekly death benefits. These benefits usually continue for the spouse’s lifetime or until they remarry. If remarriage occurs, the spouse may be entitled to a lump sum payment instead of continued weekly benefits.

Children

Dependent children are eligible to receive benefits until they turn 18, or until 23 if enrolled full-time in school. Children who are physically or mentally disabled may qualify for extended benefits beyond these age limits. Biological, adopted, and in some cases stepchildren can all be considered dependents.

Other Dependents

Other family members, such as parents, grandparents, grandchildren, siblings, or stepchildren, may also qualify if they can prove financial dependency on the deceased worker.

Dependency must be demonstrated at the time of death. These dependents often receive a share of the benefits based on the level of dependency shown.

What Do Death Benefits Cover?

What Do Death Benefits Cover

In New Jersey, workers’ compensation death benefits provide financial support to families after a work-related fatality. These benefits typically include:

  • Weekly Compensation: Eligible dependents receive up to 70% of the deceased worker’s average weekly wage, subject to a statutory maximum that adjusts annually.
  • Funeral and Burial Expenses: Available to cover funeral and burial costs, payable to the person or entity that incurred these expenses.
  • Medical Expenses: Coverage for medical and hospital expenses related to the work-related injury or illness leading to death.

These benefits aim to alleviate the financial burden on families during a difficult time.

Our Victories

If you are suffering from a long-term or permanent disability after sustaining a workplace injury or occupational illness in New Jersey, you may be entitled to benefits to help you financially while you heal. The knowledgeable workers’ compensation disability attorneys at Pellettieri Rabstein & Altman can guide you every step of the way as you demand the benefits you are owed.

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

We have a particularly strong reputation in the field of workers’ compensation, which we helped pioneer in the state. In fact, our namesake partner Ruth Rabstein was known as “the Dean of the New Jersey Workers’ Compensation Bar” for the many contributions she made to expanding workers’ rights in the state. 

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Funeral and Burial Expense Coverage

Funeral and Burial Expense Coverage

In New Jersey, when a worker dies due to a job-related injury or illness, the state’s workers’ compensation law provides financial assistance for funeral and burial expenses. Specifically, up to $5,000 is available to cover these costs.

As we mentioned, this amount is payable to the individual or entity that incurs the funeral expenses, such as a family member or the estate. If the funeral costs are less than $5,000, the actual amount spent will be reimbursed. In cases where no payment has been made yet, the funds can be directly disbursed to the funeral service provider.

Duration of Death Benefit Payments

In New Jersey, workers’ compensation death benefits are generally payable to dependents for up to 450 weeks. However, certain circumstances may warrant extensions beyond this period. For instance, if a surviving spouse remains dependent and does not remarry, benefits may continue beyond the initial 450 weeks.

Similarly, dependent children may receive benefits until they reach the age of 18, or up to age 23 if enrolled as full-time students. These provisions ensure ongoing financial support to dependents affected by a work-related death.

Time Limits for Filing a Death Benefits Claim

Dependents must file a formal claim petition for workers’ compensation death benefits within two years of the worker’s death or the last payment of compensation, whichever is later. This statute of limitations is strictly enforced, and failing to file within this period may result in the loss of eligibility for benefits.

Steps to Filing a Death Benefits Claim in New Jersey

If you’ve lost a loved one due to a work-related incident in Lawrence Township, New Jersey, the following steps outline the process for filing a workers’ compensation death benefits claim:

1. Notify the Employer

Inform the deceased’s employer about the death as soon as possible. Timely notification is crucial for initiating the claim process.

2. Gather Essential Documentation

Collect necessary documents such as the death certificate, proof of dependency (e.g., marriage or birth certificates), and any medical records related to the work-related injury or illness.

3. File a Claim Petition

Submit a formal claim petition with the New Jersey Division of Workers’ Compensation within two years of the worker’s death or the last compensation payment, whichever is later. This step is essential to preserve your right to benefits.

4. Attend Hearings

Be prepared to attend hearings where a judge will determine eligibility and the extent of benefits based on the evidence provided.

5. Consult an Attorney

Consider seeking legal assistance to navigate the complexities of the workers’ compensation system and to ensure that all procedures are correctly followed.

From our clients

I came to PRA with my workmen compensation case . Gary Adams represented me . Gary was recommended to me by a friend and I in turn recommended Gary to another friend. Gary and his paralegal Jennifer are very good with communication and keeping me well informed in regards to my case : answering emails & returning my calls . I have and I will continue to recommend Gary and his staff to my friends .

WF

My experience with Pellettien Rabstein & Altman was a great one! Every step of the way they were there with me, they made sure I got the justice I deserved. Whenever I called there was someone to answer the questions I had, the receptionist and secretary were friendly and very polite. Anytime, any day, I will recommend Counselor Gary Adams to represent any of my family or friends.

NJ

I have dealt with this firm for over 7 years on a very complicated Workmans Compensation case.
I have dealt with a myriad of legal firms throughout the country for over 30 years in my positions of CEO. And this firm is by far, the best firm I have ever dealt with.

CD

My attorney at Pellettieri Rabstein & Altman was amazing and I can’t thank the firm enough for their insights and assistance! I would highly recommend them!

EW

It was a very long and arduous time (13 years to bring this before a Judge). Living out of state made it particularly hard. Attorney Monaghan of Pellettieri Rabstein & Altman in New Jersey was diligent in helping through the morass of a very difficult workers’ comp claim resultant from an assault on a flight over international waters. I am permanently disabled from this assault and appreciate PR&A’s help.

AC

Pellettieri Rabstein & Altman has very knowledgeable attorneys who are responsive and professional. Jeff Monaghan is an excellent example of this.

JN

Pellettieri Rabstein & Altman listened to my needs and helped me get a larger settlement than I expected. They were very attentive and kind.

EW

Pellettieri Rabstein & Altman is an outstanding firm.

CD

Schedule a Free Consultation with a New Jersey Death Benefits Lawyer

Free Consultation at Contact Pellettieri Rabstein & Altman

Losing a loved one in a workplace accident is devastating. At Pellettieri Rabstein & Altman, our experienced attorneys are dedicated to helping families navigate the complexities of death benefits claims. We understand the challenges you face and are here to provide compassionate, expert legal support.

Call (609) 520-0900 or request a free consultation online.

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