Parent as a Dependent

Workers' Compensation Death Claim Lawyers

They often say that there are a few feelings worse than what a parent experiences when they lose a child. The negative impact is only worsened when the parent is dependant on their deceased son or daughter for support. New Jersey lawmakers were sensitive to this circumstance and created an avenue of financial relief under the Workers' Compensation Act for a surviving dependant parent. Whether the survivor benefits arise out of a motor vehicle accident, a fall, being struck by an object or even occupational exposure, a dependant parent is entitled to recovery of funeral expenses, medical expenses and replacement of the support lost as a result of the work related death. The attorneys at our New Jersey Workers' Compensation Firm include Daniel Santarsiero, Esq., a Certified Civil Trial Attorney with over 25 years experience prosecuting death and dependency claims in the Division of Workers' Compensation. Mr. Santarsiero and the lawyers at The Law Offices of Jonathan F. Marshall are highly knowledgeable in this area of law as well as third party claims arising in the workplace. A lawyer at our office is available 24/7 at (800) 999-0897 to discuss what would be involved in filing a dependency claim in Middlesex County, Hudson County, Essex County, Monmouth County, Mercer County or wherever else jurisdiction rests. Representation in all survivor cases is on a contingent fee basis with no attorneys’ fees payable unless a recovery is made on your behalf.

Dependency Benefits as a Surviving Parent

A parent who qualifies as a “dependent” is eligible for dependency benefits as the survivor of an injured worker whose death was causally related to an occupational exposure or on the job accident. A parent is required to be dependent on their son or daughter at the time of a fatal accident or the occurrence of an occupational exposure in order to receive workers' compensation death benefits. The way this is established is by showing that the deceased employee made contribution to the parent for their support. If these payments were necessary for the parent to maintain their life, then they are considered to be dependent. The case of Catelli v. Bayonne Associates, 3 N.J.Super. 122 (App.Div.1949) has been provided for your review as an example of how qualification as a dependent parent is established. In that case, a mother for found to be entitled to survivor death benefits based on the fact that her son routinely sent her money in Italy for support at the time of his death. Another case that illustrates how qualifications can be established is Florentine v. McDonough & Co., 158 N.J.Super. 16 (App.Div.1978). At the time of the work related death, the son of the petitioner parents contributed $200 in monthly household support, paid for maintenance and repairs of their house, and even assisted them with a down payment for purchased their home. The court concluded that the parents were dependents based on these facts.

Workers' Compensation Death Claim Attorney

We understand the trauma that you have experienced since we not only have our own life experiences but have occasion to handle death claims such is yours. This is why Daniel Santarsiero and every other lawyer on our staff takes such care in the representation of those who have suffered a workplace fatality in Ocean County, Union County, Passaic County, Morris County, Atlantic County or another region in the state. You can rest assured that the attorneys at our firm will invest the time and effort that you deserve so that there is any opportunity to restore some normality to your life. We will do what is necessary so that you are able to maintain your life with minimum, if any, financial distress. Our statewide advocates who handle cases in Monmouth County, Middlesex County, Bergen County, Hudson County, Essex County, and everywhere else in New Jersey.