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Surviving Spouse

Workers’ Compensation Spousal Death Claim

Most workers’ compensation death claims involve a surviving spouse. Odds are that you are the wife or husband of a worker who was killed in a workplace accident or died as a result of an occupational disease. What you need to know is that the New Jersey Workers’ Compensation Act affords you financial relief in the form of funeral benefits, payment of medical expenses associated with the work related death, and income replacement. Daniel Santarsiero, Esq., and our firm, The Law Offices of Jonathan F. Marshall, has been handling spousal death claims throughout the state for well over twenty years now. Whether you need to file a survivor claim petition in Monmouth County, Hudson County, Middlesex County, Essex County, or another venue, the lawyers on our team have the skills you need to insure that you receive every penny you are entitled to by law. To speak to an attorney in a free initial consultation anytime 24/7, call us at (800) 999-0897.

Workers' Compensation Attorneys

We certainly appreciate that you may be experiencing an immense sense of loss as a result of the death of your husband or wife. There may also be stress and even fear associated with the decline in your household income resulting from your spouse’s death. Responsibility for dependants may also be something that factors into your life. You need to know, however, that the legislators of the State of New Jersey have set up a framework so that you and/or your family can avoid the negative financial consequences of your spouse being killed as a result of a construction accident, motor vehicle collision or other fatal incident arising out of his or her employment. This relief comes in the form of dependency income benefits (a.k.a. Income replacement) which you are entitled to recover from the employer’s workers’ compensation insurer/carrier. The amount of income continuation benefits will hinge on several factors, especially the rate of compensation of your spouse at the time of death.

  • Income Death Benefit Payable to a Surviving Spouse. The surviving spouse of someone who is killed at work or dies as a result of an occupational exposure is entitled to receive income dependency benefits until death or remarriage. When a surviving wife or husband receiving income death benefits remarries, they are entitled to a payment in an amount equal to the lesser of what would have been payable had they not remarried and 100 times the amount of weekly compensation paid immediately preceding the remarriage.

  • Eligibility as a Surviving Spouse. Eligibility for income death benefits as a dependant spouse is construed liberally to fulfil the strong public policy in favor of providing benefits to the survivors of work related accidents and diseases. Our courts have recognized common law type relationships as a valid basis for recovery of spousal benefits where the deceased and survivor lived together for many years, the survivor was the dependant on the deceased for support, and they had performed a ceremonial marriage (although not official as to be legally married).

  • Separated Spouse. Our courts have concluded that a surviving spouse separated from the deceased at the time of death is entitled to workers’ compensation income death benefits where the wife had not consented to or acquiesced in the separation and continued to be a legal dependant of the worker when it was killed.

The lawyers on our staff, including Daniel Santarsiero, are adept in recovering every dollar of dependency income benefits allowable by law. We are also experienced in prosecuting third party cases arising out of employment.

Workers’ Compensation Death Claim Attorneys in Trenton NJ

The aftermath of losing a husband or wife is chaotic enough. The situation can be all that more when the spouse is a significant contributor to the financial well being of the couple and family. Our attorneys can alleviate much of the pressure and uncertainty you may be experiencing by acting as your counsel. We will guide you through the compensation process and insure that you and your family get what you deserve when you appear at the Division of Workers’ Compensation in Bergen County, Passaic County, Morris County, Ocean County, or elsewhere in the state. To learn what we can do to assist you now, call one of our New Jersey offices to speak to a lawyer immediately. The consultation is free of charge and our representation is on a contingent fee basis should you decide to retain us. You pay no fee unless our attorneys are able to win your case.