Workers Compensation Death Benefits Lawyer Hamilton
With Offices in Trenton and Pennington, NJ
No matter how safe a person is while working, they are still at risk of serious injury or death. For example, workers in a dangerous industry like construction work are constantly exposed to significant health risks and potentially catastrophic injuries. In the worst cases, these workers can suffer fatal injuries. The loss of a person’s life is particularly tragic when the person has a family that depends on him or her for financial support. Workers’ compensation death benefits won’t bring back your loved one, but they can help you get through a difficult financial situation. If you have lost a loved one, you should take this time to be with your family. Let a legal professional handle your workers’ compensation case and take care of legal matters. An attorney can protect your legal rights and ensure that the insurance company does not take advantage of your grief during this difficult time.
Princeton Workman’s Comp Death Benefits Law Firm
Kamensky Cohen & Riechelson is a well-respected law firm with a rich tradition in New Jersey and Pennsylvania. Our lawyers have more than 40 years of experience helped clients file workers’ compensation claims for death benefits in Mercer County, NJ, including Hopewell, Princeton, and East Windsor. We understand how difficult the grieving process can be when you also have to deal with mounting bills. That’s why we will do everything possible to make sure that you get the assistance you need. Call KCR today to speak with a member of our legal team.
Dependents Eligible for Workers’ Comp Death Benefits in Mercer County, New Jersey
Dependents of the worker are eligible to receive workers’ compensation death benefits. The surviving spouse and natural children who were part of the worker’s household at the time of death are presumed by law to be dependents. If the surviving spouse or natural children were not part of the worker’s household at the time of death, they will need to prove actual dependency.
Parents, grandparents, grandchildren, and siblings can also establish that they were dependents. However, they will have to prove actual dependency. Additionally, children maintain their “dependent” status until the age of 18. If the child is a full-time student, they can be declared a dependent until the age of 23.
Receiving Workers’ Compensation Death Benefits in Hamilton, NJ
Since dependents are most likely to suffer financially when their loved one dies, they are entitled to monetary support in the form of workers’ compensation death benefits. These death benefits are paid on a weekly basis. The weekly payments are calculated as 70 percent of the weekly wage of the deceased worker.
Keep in mind that there is a cap on the maximum compensation allowed through workers’ comp death benefits. Each year, the New Jersey Commissioner of Labor determines the maximum benefit amount. Additionally, the total amount of death benefits due will be divided among dependents. The percentage due to each dependent is determined by a workers’ compensation court judge.
Dependents are also eligible for compensation to cover funeral expenses and burial fees for a work-related death. These benefits are capped at $3,500.
Filing a Personal Injury Lawsuit for Wrongful Death in Hightstown, NJ
There are several different mechanisms for seeking relief and compensation when your loved one is tragically killed. Depending upon the circumstances, you may be able to file a personal injury lawsuit against a third party. In these cases, you will probably seek damages through the New Jersey Wrongful Death Act. While workers’ comp death benefits are based entirely upon lost income, a wrongful death claim can seek a number of other damages.
It is important for you to explore all available legal options because workers’ compensation death benefits might not be sufficient to cover all of your expenses. This is a result of the cap that NJ workers’ compensation law places on the maximum amount of death benefits which can be recovered by dependents.
Free Consultation with Trenton NJ Workers’ Comp Attorneys
The workers’ compensation attorneys at Kamensky Cohen & Riechelson will do whatever it takes to get you the compensation and financial assistance you need. Call KCR now to discuss your legal options, or fill out the online contact form to schedule a face-to-face meeting at our offices in Trenton or Pennington.