Law Offices of Anthony Carbone, P.C.

Workplace Fatality Claims in New Jersey

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fall | Union City Attorney

Data released by the U.S. Bureau of Labor Statistics (BLS) showed that over 4,679 workers died on the job in 2014, nearly 100 more than in 2013. The Occupational Safety and Health Administration (OSHA) also reported that thousands more lost their lives in 2015. According to the information gathered, the causes of death ranged from slip and falls to vehicle accidents.

When a worker dies on the job, their families can file workplace fatality claims to seek benefits to cover their losses. The compensation usually covers damages such as funeral costs and loss of support.

Have you suffered a work injury or do you have questions about workers’ compensation? Contact an expert Hudson County Personal Injury Attorney to discuss your concerns.

Workplace Fatalities and Compensation Claims

The New Jersey Workers’ Compensation Law states that the surviving dependents of a deceased worker are entitled to 70% of the worker’s wages and up to $3,500 in funeral expenses, to be paid by the deceased’s employer. Dependents, as defined under this law, include surviving children and spouses who lived with the worker, but other family members may prove dependency.

If one is proven to be a dependent of the deceased, they can file a claim for workers’ compensation benefits or a wrongful death lawsuit. According to the BLS, this can be done for cases involving some of the top causes of fatal workplace accidents, such as:

Employer Responsibilities Following a Job-Related Fatality

Employers have the responsibility to provide a safe workplace for their employees. They are also required to have a workplace fatality plan prepared for dealing with job-related deaths. Typically, the plan should include clear directions for the following actions:

Immediately After the Accident

Notifying Involved Parties

Informing OSHA

OSHA has the mandate to sanction companies for health and safety violations or negligence, with fines sometimes totaling $129,336. Immediately after a fatal accident:

Talk to a Hudson County Personal Injury Attorney

Although the law allows for deceased workers’ dependents to receive compensation for their loss, insurance companies will rarely pay without a fight. They will, instead, use every reason and excuse in the book to reduce or deny your claim, which is why you need legal representation.

Anthony Carbone, a passionate Hudson County Personal Injury Attorney, has been protecting workers’ rights in New Jersey for over three decades. If you have lost a loved one to a workplace fatality, contact the Law Offices of Anthony Carbone at 201-829-3805 today to discuss your case.

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The information provided on this website about personal injury, family, and divorce law is not meant to be taken as legal advice. At the Law Offices of Anthony Carbone, based in Jersey City, we assist clients throughout Hudson County, New Jersey, including the communities of Union City, North Bergen, West New York, Newark, Jersey City, Essex County, Bayonne, Hoboken, Weehawken, Guttenberg, Secaucus, Greenville, Elizabeth and Marion. If you are in need of a personal injury or family lawyer or attorney, please contact us today.