Worker’s Compensation After Employee’s Death

By Brenner Spiller & Archer | August 8, 2017

Worker’s compensation is granted to a worker that has been injured at work and is unable to perform their duties as they did previously because of the accident. This helps to pay all of the medical bills that occur, as well as help with bringing in income, even though the person is unable to work. It’s a safety net that there’s to help the breadwinners of the family in case something goes wrong. However, you may wonder what happens after the employee passes away while receiving worker’s compensation benefits. In many cases, the dependents of the employee continue to receive benefits through this program, including the approved medical and funeral expenses.

There are some requirements that must be met under the New Jersey Workers Compensation law. Dependents include children under the age of 18, spouse, and civil union partner who are living in the home at the time that the employee receiving the benefits passes away. Children who are over 18 or don’t live at home cannot be considered for benefits. The same is true if the partner has a different residence with another household.

Workers who do not have any dependents may have an award granted to their estate that covers the time period of when they were injured to the day that they passed away.

Your dependents are able to receive a portion of your wages. Children receive benefits until they reach the age of 18. Full-time students will have this age extended further to allow them to receive benefits while in school. Children that have a disability can also have the potential for an extension on how long they receive benefits. A spouse receives benefits until they remarry.

Do you have a question about your worker’s compensation benefits or going through the process of getting them? Contact the law office of Brenner, Brenner & Spiller to learn more about your rights under this program.