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What you need to know about Dependency Benefits in a NJ Workers' Comp case

Thousands of workers are killed on the job every year. In 2009, 4,340 were killed in work-related accidents—this is about 12 workers every day. That same year, 50,000 workers died from occupational diseases. Although death rates have gone down since OSHA (the Occupational Safety and Health Administration) was created, as you can see, the number of work related deaths is still staggering.

If you have lost someone you love in a work injury you and your family are likely feeling unbearable pain and suffering. While you are trying to recover from the accident, you may wonder how you are going to pay the medical and funeral bills. You may be wondering how you will support your family. New Jersey Workers' Compensation provides benefits for the dependents of workers who are injured or killed on-the-job.


Who is a dependent?

A surviving spouse and children who were a part of the worker’s household at the time of death are presumed to be dependents. All other alleged dependents, including parents, grandparents, grandchildren, brothers, sisters, etc. must prove actual dependency to the court.

What types of benefits do dependents receive?

Dependents are jointly entitled to a weekly payment of 70% of the decedent's weekly income, subject to a maximum and minimum for the year of the injury. A surviving spouse will essentially receive this payment until death, unless he or she chooses to remarry. Dependents under age 18 will receive the payment up until they turn 18. Dependents who are full-time students under age 23 will receive the payment up until they turn 23. If the worker incurred medical bills before his passing, the insurance company must pay these bills. The insurance company must also pay for funeral costs, up to a maximum of $3,500.00.

If you would like more information about receiving dependency benefits, you should get in touch with a NJ workers' compensation lawyer. Manfred Ricciardelli has the knowledge and experience to help you and your family get through this difficult time. For a free consultation, please call our office at 973-285-1100 or fill out our online contact form.


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