What Are Workers Compensation Dependency Benefits in New Jersey?
Dependency benefits are the benefits awarded to the dependents of a worker who dies on the job in New Jersey. They are not to be confused with unemployment dependency benefits, which are different.
Benefits cover:
- Up to 70% of the deceased worker’s applicable wage, subject to state minimum and maximum rates for the year of death
- Payment of any medical bills that were incurred before the worker died
- Reimbursement of up to $3,500 in burial costs.
These benefits are offered instead of wrongful death benefits when a worker dies on the job.
Who counts as a dependent?
A person’s spouse and children generally count as dependents. Adopted children, parents, grandparents, grandchildren, and siblings can sometimes count as dependents if they were residing in the household of the deceased at the time of death.
How to Claim Dependency Benefits
To start, contact your loved one’s employer. They should be providing you with the paperwork to file the claim.
How long do dependency benefits last?
A spouse may claim death benefits for as long as they live, unless they remarry. Once the spouse of the deceased remarries, then the spouse is only entitled to the remainder of compensation that would have been due had the spouse not remarried, or 100x the amount of weekly compensation paid immediately preceding the remarriage, whichever is less.
Children may receive benefits until they reach the age of 18, or until they reach the age of 23 if they are students. Mentally or physically disabled children may be eligible for further benefits.
Other dependents may receive benefits for 450 weeks while each dependent is between the ages of 18 and 40. Dependents with disabilities may receive benefits longer.
Having trouble with dependency benefits?
While most bereaved families are able to claim their benefits as a matter of routine, there are times when they are unfairly denied benefits. If the workers compensation insurance company can find any reason to deprive a worker of their benefits, they will do so.
For example, they might try to claim your loved one died of natural causes, a heart attack, or some other condition unrelated to their work. They might try to claim your loved one wasn’t actually on the job when they died.
When that happens, you’ll need help. Reach out to our office to schedule a free consultation today. We’ll work hard to ensure you get the benefits you deserve.
See also:
When Does Workers Comp Start Paying in NJ?
How Much Does a New Jersey Workers Compensation Lawyer Cost?
