If my spouse or parent dies due to a work-related injury or illness in New Jersey, am I entitled to any death benefits?

Work-related deaths are common in New Jersey. You may be entitled to workers’ compensation benefits if you have lost a loved one due to a job-related injury or illness. At the Todd J. Leonard Law Firm, we have decades of experience and can advise you on your legal rights.

Pursuant to New Jersey’s Department of Labor and Workforce Development Statute:

Dependents of a worker who dies because of a work-related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker, not to exceed the maximum benefit amount established annually by the Commissioner of Labor. 

Every year the death benefit amount changes. As of January 1, 2024, the maximum weekly workers’ compensation benefit rate in New Jersey is $1,131. The benefit amount is divided by the surviving dependents as determined by a judge of compensation after a hearing on extent of dependency. Those who are eligible include:

• A surviving spouse and natural children who were a part of decedent’s household at the time of death are conclusively presumed to be dependents. Legally adopted children shall be considered as natural children.  The surviving spouse is entitled to lifetime benefits.
  • The only exception is for those surviving spouses who choose to remarry. A surviving spouse who remarries is entitled to receive a lump-sum payment of one-hundred (100) times the weekly benefit amount and that surviving spouse’s right to future lifetime benefits or the remainder of the compensation which would have been due the spouse had the spouse not remarried whichever is less and is then terminated.
• A surviving spouse and natural children who were not a part of the decedent’s household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency.
• Children who are deemed to be dependents remain so until the age of 18 years or, if a full-time student, until the age of 23 years. If a child is physically or mentally disabled, he/she may be eligible for further benefits.
• The employer or its insurance carrier is responsible to pay up to $5,000 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual. 

For more information, refer to N.J.S.A. 34:15-13 of the New Jersey  workers’ Compensation Statute.

Workers’ compensation death benefits and their distribution can be complicated and confusing. At the Todd J. Leonard Law Firm, we have the answers to all of your questions.

Contact the Experienced Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm Now! 

If you were recently injured in a workplace accident, this is undoubtedly a difficult time for you and your family. The workers’ compensation lawyers at the Todd J. Leonard Law Firm understand the challenges you face and want to help protect your rights. We aggressively represent every client we serve, ensuring they receive the benefits they are entitled to, so they can move on with their lives after a serious accident while on the job. Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.

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