A large percentage of workers’ compensation survivor claims are those of dependent children. New Jersey Law allows a son or daughter to recover for death benefits stemming from a fatal work accident or occupational disease leading to death of a parent. You are entitled to recovery funeral costs, medical expenses and the stream of income which has been lost as a result of the death of your mother or father on the job. While these benefits are available under the law, a child has almost no chance of making a recovery without hiring an attorney to prosecute a workers' compensation death. This is done by filing a formal dependency claim petition with the division in Hudson County, Mercer County, Passaic County, Morris County or another with jurisdiction to preside over the case. Daniel Santarsiero, Esq., is a NJ Workers' Compensation Lawyer who has been handling survivor and other claims in divisions throughout the state for approximately twenty-five years. He and his staff of attorneys are available around the clock to assist you in this difficult time.This help is provided on a contingent fee basis so that you owe no legal fees unless a recovery is made on your behalf. To speak to Mr. Santarsiero or another attorney on our team, call (800) 999-0897.Workers' Compensation Dependent Child Claim
There are very few experiences more traumatic than a son or a daughter losing their parent in a construction accident, motor vehicle collision, or other untimely incident. The aftermath is emotional enough with no need for complicated financial stress on top of it. Thankfully, you can avoid this added pressure by availing yourself of the survivor benefits available under the New Jersey Worker’s Compensation Act. As a dependent child of someone who died in a work related accident or because of an occupational exposure, you are entitled to compensation. The following are some important information you may want to know about child dependency benefits.
Who Qualifies as a Dependent Child? Dependents are defined as those who are dependent upon the injured employee at the time of death or at the time of the occurrence of an occupational exposure. In addition, a child must be under 18 years of age except that a full-time student qualifies for benefits until they reach 23. In addition, a child who is physically or mentally deficient is entitled to benefits regardless of their age.
Amount of Dependent Compensation Recoverable. Income replacement and support is paid to a surviving child based on a percentage of the deceased employee’s wages. For one or more dependents, the benefit amount is 70% of worker’s weekly wages.
Offsets Against Your Payments. Compensation benefits for dependency may be reduced to partial dependency benefits rather than total dependency benefits in instances in which the decedent contributed only partially to the dependent’s support. However, dependents may also be entitled to special adjustment benefits and supplements.
If you believe you qualify as a surviving dependant of a parent fatally injured or exposed to an occupational risk that caused his or her death, Daniel Santarsiero, Esq., and our team will do what is necessary to ensure you recover the worker’s compensation death benefits. The employer’s insurance company is not your friend nor will it voluntarily offer income replacement. It will be up to you to retain an attorney to file a dependency action in Monmouth County, Ocean County, Middlesex County, Essex County, Union County or another venue, if you want to recover the compensation to which you are entitled.Workers' Compensation Death Claim Lawyer
Our attorneys possess the know how to insure that you qualify for dependency survivor benefits as a result of your father or mother being killed at work or due to a disease acquired during the course of employment. The biggest hurdle to recovering death benefits is retaining a skilled lawyer to prosecute your claim. The attorneys at The Law Offices of Jonathan F. Marshall have the tools to serve you in this capacity. Daniel Santarsiero, Esq., who heads our workers' compensation department, has decades of experience prosecuting complex workplace fataility and injury claims throughout the State of New Jersey. For an immediate consultation with Mr. Santarsiero, call one of our offices anytime 24/7. The time we give you is without obligation and, should you choose to retain our firm, there is no legal fee due unless we make a recovery on your behalf. The same is true if we are also engaged to pursuit a third party claim against the individual responsible for your parent’s death. Call us now at (800) 999-0897 for assistance from an attorney.