New Jersey Wrongful Death On The Job Lawyers
Proudly serving all of New Jersey
Some jobs are more hazardous than others are, and therefore, may be more associated with risk of serious injury or death. Industrial work, construction and telecommunications pole climbing are all examples of potentially life-threatening occupations. Yet, the frightening truth is that anyone can die on the job, even those employed in such "safe" occupations as office work or waiting tables. All it takes is negligence on the part of an employer, contractor, sub-contractor or other person or business entity with the potential to affect your safety. If the worst should occur and your loved one does not come home from work because of a fatal accident, you may have cause to file a wrongful death lawsuit in New Jersey.
While workers' compensation is helpful in covering some losses, it is by no means comprehensive, especially when compared to what a family stands to receive from a wrongful death lawsuit.
If a loved one has died while working in New Jersey, your family may have rights. These rights and potential monetary damages can be obtained through legal channels even if worker's compensation or other insurance damages have already been paid to your family. Because the laws surrounding deaths while on the job are extremely complicated in New Jersey it is recommended that your family speak with an experienced lawyer before attempting to settle the case on your own.
Many avoidable errors can cause or contribute to a loss of life while at work. Here are a few examples:
- Absence of or improper employee training
- Failure to adhere to safety standards in the workplace
- Lack of adequate safety equipment
- Exposure to dangerous materials or chemicals
- Accidents in poorly maintained work vehicles
- Careless maintenance of work surroundings
- Defective machinery and equipment
While New Jersey workers' compensation may cover some of the financial damages incurred by families in the wake of a wrongful death, it usually does not take care of everything. In general, an employee's dependents may be eligible to receive the following death benefits:
- Seventy percent of the deceased's weekly wage up to a maximum benefit amount established annually by the Commissioner of Labor
- Up to $3,500 in funeral expenses for a job-related death
- Additional benefits for physically or mentally disabled children in some cases
New Jersey law defines dependents as the surviving spouse and natural children (up until the age of 18 years if not attending school; up to 23 years if full-time students) who were part of the deceased's household at the time of death. Spouses and children who were not a part of the deceased's household along with parents, siblings, grandparents and other surviving family members must prove actual dependency.
While workers' compensation is helpful in covering some losses, it is by no means comprehensive, especially when compared to what a family stands to receive from a wrongful death lawsuit. If your loved one died in a work related accident due to the negligence of any responsible party, please contact the NJ deadly workplace accident attorneys at Lependorf & Silverstein, P.C. at (609) 240-0040 right away. We will meet with you at no charge and explain your rights and options following the loss of your family member on the job.
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