Defective Machines and Products
While fatal on-the-job injuries from defective products can happen to almost anybody, those individuals who work on a daily basis with heavy equipment and large machinery are most at risk. Industries that can present the greatest potential for fatal work-related accidents include the following:
Each of these industries requires that employees work with potentially dangerous tools and equipment, most of which are generally safe when operated correctly. Although most workers can avoid the risk of injury or death with proper training, a malfunctioning piece of equipment or defective part or component can cause serious and sometimes life-threatening injuries regardless of the safety measures taken.
As experienced workers’ comp death benefit claims attorneys, The Law Offices of Jonathan F. Marshall understands that fatal job-related accidents can take a victim’s family by surprise and leave household finances in chaos. Under New Jersey law, the survivors of those killed in work-related accidents have the right to death benefits — monetary compensation — that can often ease the financial burdens for a grieving spouse and dependent children
Daniel Santarsiero, Esq., and the other skilled attorneys on our staff have decades of experience representing industrial accident victims’ families. The survivors of those people who have been killed on the job deserve to be compensated fairly. If you live in New Jersey and have lost a loved one, we recommend that you speak to qualified Workers’ Comp Death Benefit attorney. Please call us today at (800) 999-0897.Workers' Comp Product Defect Death Claim in New Jersey
Workers’ compensation is a type of insurance that every employer is legally obligated to purchase for his or her employees (except for certain instances, such as those covered by other federal programs). If a person is killed while working on the job, benefits are payable to the dependents of that deceased worker, as defined by New Jersey statute.
Survivors who may qualify for death benefits include the following:
- Civil union partner
- Natural children (up to 18 years old; up to 23 years for full-time students)
- Parents, grandparents, grandchildren, brothers, sisters, etc.
Any survivors who claim death benefits must prove actual dependency at the time of the worker’s death. For dependent children who are physically or mentally disabled, they may also be eligible for further benefits under the law. New Jersey Workers’ Compensation rules also stipulate that the employer or the employer’s insurance carrier must pay upward of $3,500 for funeral expenses for any worker who suffers a job-related death.Fatal On-the-Job Machinery Accidents
It is the responsibility of employers to make the equipment used by workers as safe as possible by implementing critical safety measures and by providing proper maintenance for those machines. The Occupational Safety and Health Administration (OSHA) strictly prohibits an employer from removing safety features from its equipment.
However, profit motive and cost-cutting measures often result in important safety devices and procedures being eschewed in favor of an improved bottom line. Examples of these profit-making, yet potentially deadly decisions include the following:
- Purchasing inferior equipment or parts
- Postponing or ignoring required maintenance intervals
- Failing to properly repair machinery
- Failing to remove broken or malfunctioning machinery from worksite or factory floor
- Removing safety guards and devices in order to increase production speed
- Refusing to pay employees for machinery training sessions
- Failing to provide safety equipment, such as safety glasses, goggles, gloves, dust masks and breathing protection
- Ignoring employee complaints/concerns regarding malfunctioning equipment
Sadly, many workplace accidents can be traced back to a defective part, improperly manufactured component or basic design flaw in a machine or piece of equipment. Plant employees, construction and shipbuilding workers, as well as those individuals who work in railyards and as longshoremen, can all be exposed to unnecessary dangers due to faulty products that are used on the job.
Although workers’ comp laws preclude survivors from suing an employer on a victim’s behalf, if an on-the-job fatality can be traced to a faulty or poorly designed machine or piece of equipment, there may be grounds for a product liability lawsuit against the manufacturer of that equipment. Our legal team can assist victims’ families in determine the best course of action.
If you and your family have lost a dear loved one due to a fatal on-the-job accident, it is important to understand that the New Jersey Workers’ Compensation Act provides a means of recovering death benefits payable to the deceased’s family. Whether the victim died due to a simple accident or a faulty piece of production machinery, the process for obtaining death benefits under New Jersey workers’ compensation laws can seem unnecessarily complicated at times. Our attorneys will be able to guide you through the bureaucratic procedures when applying for your initial claim.
Understanding your rights under the Garden State’s workers’ comp laws is very important for any surviving dependents. Our death benefit claims lawyers at The Law Offices of Jonathan F. Marshall have the training and experience to assist in Survival Claim cases. We are always ready to assist surviving spouses, children and other dependents understand their rights and recover death benefits due them under New Jersey Law, which are activated when a victim’s death is related to his or her employment.
Whether you reside in Union, Mercer, Monmouth, Hudson or any of New Jersey’s other counties, we are here to assist you. If you’re loved one has died as a direct result of an industrial accident or occupational exposure to hazardous or cancer-causing agents, please call our offices at (800) 999-0897 and ask for Mr. Santarsiero.
We will schedule a free, no-obligation consultation to go over your case, after which, if you choose to retain our law firm, we will represent you and your family on a contingent fee basis — we will not charge any legal fees unless we make a recovery on your behalf. As experts in the field of work-related death benefit claims, our legal staff can help you get through the claims process so that you can receive the compensation you are entitled to under New Jersey law.