Traffic and Motor Vehicle Accidents
The death of any hard-working person is certainly tragic, but few events can take a family by complete surprise as that of a sudden and fatal traffic accident. Thanks to advances in automotive safety devices, such as airbags and anti-lock brake systems, driving on New Jersey roadways is probably safer than at any time in the past; yet, thousands of people die each year in the Garden State as a result of another motorist’s negligence.
For families of traffic accident victims there can be even more grief if the deceased loved one was the primary breadwinner. But if a victim of a car or truck accident dies while doing their job, the survivors may be able to receive workers’ compensation death benefits. As legal experts in this field, the attorneys at The Law Offices of Jonathan F. Marshall can assist surviving spouses and dependent children in filing a workers’ comp death claim following a fatal on-the-job traffic accident.
Motor vehicles collisions, single-vehicle crashes, multi-car pileups and commercial trucking accidents can have serious consequences for all those involved. So long as the victim was driving as part of his or her job duties, under New Jersey law the survivors can apply for death benefits.
Because employers are legally required to carry workers’ compensation insurance (except for companies that already participate in certain federal programs), families of deceased workers cannot file a lawsuit against the victim’s employer; however, third-party lawsuits can be pursued if the family and its attorney believe that another firm or individual was responsible for or caused the fatal accident.
Our team of experienced legal professionals can guide survivors through the claims process, and also help with any third-party actions that may be indicated. Our experience with Survival Claim cases can often help when it comes to alleviating the financial burden associated with a wage earner’s death due to a fatal employment-related automobile or trucking accident.NJ Commercial Vehicle Accidents Leading to On-the-Job Deaths
When an individual is injured or killed in a New Jersey roadway collision or other motor vehicle driving accident while preforming a job-related function, the law considers it a work-related accident. There are nuances to the law, which limit the scope of what is and is not work-related vehicle usage. For example, the time spent driving a personal vehicle from one’s home to place of employment is generally not considered job-related when determining eligibility for an injury or death claim.
It is important to remember that when an employee operates a commercial vehicle as part of his or her job, the employer is obligated to provide that worker with thorough and consistent safe-driver training. Depending on the circumstances, if a driver for a company is killed as a result of a negligence on the part of a third-party (for instance, if the braking system on a delivery truck failed after being serviced by a repair shop under contract to the victim’s company), the worker’s family may decide to file a wrongful death lawsuit against that third party.
The aforementioned examples are just a couple of the many details that a skilled workers’ compensation claims attorney will be familiar with when helping survivors apply for workers’ comp death benefits. Our professional legal staff has the experience to consider every possibility for recovering damages from any third-party, in addition to assisting with the filing of workers’ comp death benefits for a surviving spouse or other dependent family members.Workers’ Comp Death Benefit Claims Attorneys
Retaining an experienced death benefit claims attorney can ease the recovery process and a workers’ comp lawyer can make certain that you receive what you deserve as the surviving spouse of an accident victim who was killed in the course of doing his or her job. The law is specific when it comes to the benefits a victim’s family is allowed to receive, but this is just one aspect of New Jersey workers’ compensation insurance. It is sometimes difficult for survivors to fully understand the critical aspects of workers’ compensation benefits, especially during the very emotional period following a loved one’s untimely death.
A seasoned legal professional who understands workers’ comp claims will be able to counsel the victim’s family members on the best course to follow. For instance, a taxi or limousine driver who is injured or killed in a traffic accident while working for his employer should qualify for benefits under New Jersey’s workers’ compensation laws. However, if a driver who works for Uber or Lyft is killed in a road accident while carrying passengers for these the same opportunity to recover compensation may not apply.
Since employers pay premiums as part of their participation in New Jersey’s workers’ compensation insurance program, the family of an employee who is killed on the job can collect benefits due them under the program. This includes, among others, partial lost wages, paid medical care prior to death, and the death benefit itself. As part of the workers’ comp program, victims and their families are barred from suing the employer.
As experienced workers' comp attorneys, The Law Offices of Jonathan F. Marshall can answer questions and provide guidance to families of victims who are killed while working as an Uber or Lyft driver. Because these situations require specific legal knowledge, it is advisable to contact a qualified attorney to discuss your individual case. This is particularly important when the employment status of the victim is in question.
In such cases, where the driver was working as an independent contractor, the deceased may not have the same protections under New Jersey’s workers’ comp laws. It is best to consult with a knowledgeable legal professional as soon as possible following a fatal on-the-job accident.Survivor Benefit Claim Attorneys
Workers’ compensation insurance is often referred to as a kind of “no fault” insurance program. In other words, death benefits are provided regardless of who caused the fatal accident. Survivors must still file a benefits claim, which may be easier with the assistance of a qualified workers’ comp death benefit claims lawyer.
If you have lost a spouse as a result of a fatal automobile accident while your loved one was on the job, it is important to understand the rules concerning New Jersey’s Workers’ Compensation Act, which provides survivors with a means to recovering death benefits.
The Law Offices of Jonathan F. Marshall offers legal assistance to help surviving spouses and dependent children in filing a workers’ compensation death claim for a loved one killed in a work-related accident. This recovery is in addition to other remedies, which may include pursuing a possible wrongful death claim against a negligent third party.
Our legal team can help you understand your right to death benefits due you under New Jersey law. As mentioned previously, in cases of fatal work-related accidents, survivors are also entitled to recovery of other costs, including funeral and/or burial charges, medical expenses incurred prior to the victim’s death, and lost income.
Our New Jersey workers’ comp claims attorneys can be instrumental in the recovery of benefits through the state of New Jersey, as well as county governments, such as Monmouth, Essex, Union, Mercer, Middlesex, Hudson, Bergen, Passaic and Morris, among others.
If you have lost a family member through a fatal on-the-job traffic accident, please contact Mr. Santarsiero at (800) 999-0897 for a free consultation. Following your free, no-obligation initial consultation, you may choose to have our law firm represent you and your family. If so, we will work for you on a contingent fee basis — no legal fees will be charged unless we make a recovery on your behalf.
As legal experts in the area of on-the-job death benefit claims, we can guide you and your family through the claims process — as well as any other legal remedies — so that you may receive the compensation you are entitled to under the laws of the State of New Jersey. We want to help your family make it through this difficult time.