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Calculation Of Benefits

Calculation Of Benefits

Workers’ Compensation Death Claim Attorney

A surviving spouse, child, and other family members who are dependent on a worker killed as a result of their employment are entitled to receive dependency benefits in New Jersey Workers’ Compensation court. The biggest component of these payments involves the replacement of lost income and support resulting from a fatal work-related accident or death from a compensable occupational exposure. The amount of the weekly income benefits is seventy percent (70%) of the “wages” earned by the deceased employee, subject to a maximum and minimum weekly amount. There is also the possibility of apportionment or partial payments depending on certain facts. Our firm, New Jersey Workers Compensation Lawyer, handles the calculation of benefits and workplace death claims statewide including in Bergen County, Ocean County, Mercer County, Somerset County, and Morris County. To speak to Dan Santarsiero, the head attorney in our workers’ compensation group, you can call us at (934) 200-5372 anytime 24/7 for immediate assistance. Initial consultations are free of charge and our lawyers handle all compensation and third-party claims on a contingent fee basis so that you should have no worries about paying us to prosecute your case.

Hear From Our Happy Clients

At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Hard Work & Dedication"
    Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.
    - Zalana K.
    "A Great Experience!"
    I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.
    - Larry W.
    "Highly Recommend!"
    He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!
    - Barbara A.
    "He is Amazing!"
    He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.
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    "A Blessing!"
    He sure will go to bat for someone he believes in. I would recommend him over and over again.
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    "Very Satisfied!"
    I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.
    - Lucas Vieira A.
    "Definitely Recommend!"
    I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.
    - Russ D.
    "The Best Results!"
    He resolved any concerns and concluded the case within a reasonable amount of time with positive results.
    - Stephen C.

Workers’ Compensation Dependency Death Benefits

The starting point in calculating how much you may be entitled to in replacement income payments is pinpointing what the deceased was making at the time of his or her death. This is usually accomplished by examining the payroll and wage records for the employee prior to being killed. This calculation is frequently more complicated than you might anticipate since some workers are paid a fixed salary, some are paid by the hour with fluctuations in income based on hours worked and still others are compensated on a commission basis based on production. There are different rules for each of these scenarios, as well as workers employed part-time. Our lawyers are adept in reconstructing the wages of an employee to maximize the amount paid to a surviving wife, son, daughter or another dependent.

Maximum And Minimum Amount Recoverable. The maximum and minimum amounts vary by year and are related to the average weekly wage earned by all New Jersey employees for a given year. Traditionally, the statewide average weekly wage has risen year to year, which means the maximum and minimum weekly dependency benefits have also risen year to year. In 2019, the maximum weekly dependency benefit is $921 and the minimum weekly dependency benefit is $246.

Duration of Payments. The duration of income replacement payments hinges on the applicable category of a dependent. The following is a breakdown of the maximum term for payments.

  • A surviving spouse is entitled to weekly benefits for life. 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 is then terminated.
  • Dependent Children (both natural and adopted) of the deceased worker are entitled to weekly benefits until reaching eighteen (18) years of age or twenty-three (23) years of age for those enrolled as full-time students.
  • Parents And Stepparents who were wholly or partially dependent upon the deceased worker are entitled to lifetime benefits based upon the percentage of support provided by the deceased worker, as compared to each relative’s total support, subject to the weekly minimum benefit amount.
  • Dependents With Physical or Mental Deficiencies: A family member who was dependent on the fatally injured worker because of a physical or mental disability is entitled to weekly benefits based upon the percentage of support provided by the deceased worker, as compared to each family member’s total support. Dependents falling within this category are entitled to receive weekly benefits for up to four hundred and fifty (450) weeks.

Other dependent individuals may also qualify for payment under the Workers’ Compensation Act. However, relatives falling within this group are only entitled to receive benefits for those time periods where they are under eighteen (18) or over forty (40) years of age. There are also special rules which apply to the surviving spouse, children and other specially defined family members of Police and Firemen who die in the line of duty.


Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 934-200-5372 today!

  • Can you collect workers’ compensation and retirement benefits?
    If you retire while on workers’ compensation, you may still be entitled to certain workers’ comp benefits. For example, workers’ comp will continue to pay for all reasonable and necessary medical treatment. While temporary wage replacement will cease if you retire, since retirement means you have no intention of returning to work, you are still able to collect permanent disability benefit payments while retired.
  • Does a workers’ compensation settlement affect Social Security disability benefits?
    Yes. New Jersey is considered a “reverse offset” state. Unlike most other states where workers’ comp benefits may be reduced to the extent that a disabled worker is also receiving Social Security disability benefits, in New Jersey workers’ comp benefits are used to offset the Social Security disability benefits that a worker would receive. Although New Jersey law does not consider workers’ comp settlements to be compensation benefits, the Social Security Administration does offset settlements against disability benefit payments.
  • Can you get unemployment after filing for workers’ compensation?
    While you cannot collect unemployment and workers’ comp benefits at the same time, you may be able to file a claim for unemployment benefits (if you have been terminated from your job for an eligible reason) after you have fully recovered from a work injury or illness and no longer receive workers’ comp benefits.

Camden New Jersey Workers’ Compensation Death Claim Lawyers

All Camden County death and dependency cases are heard in the Camden Workers’ Compensation Court. This is where your petition for benefits will be decided. The lawyers at our New Jersey Workers’ Compensation Firm are highly experienced in handling survivor claims and calculation of benefits in this and other courts throughout the state. Whether you need to file a dependency claim in Passaic County, Union County, Essex County, Monmouth County, or Middlesex County, Mr. Santasiero or another attorney with the knowledge necessary to succeed on your behalf is available by calling (934) 200-5372.

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