New Jersey Fatal Workplace Accident Lawyers
Sussex County law firm fights for just compensation
When a worker loses his or her life in an on-the-job accident, surviving loved ones may be entitled to workers’ compensation death benefits and other remedies. At Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, we understand that no legal action can undo your loss, but we have for 60 years helped families pursue claims for compensation that can provide financial stability. Our New Jersey fatal workplace accident lawyers will investigate your situation and take appropriate legal action.
Common causes of fatal workplace accidents in Sussex County
Fatal accidents can occur in any workplace, but certain industries are inherently more hazardous. In the construction industry, deaths can result from heavy equipment accidents, falls from roofs or scaffolding, trench collapses and electrocutions. Other common causes of fatalities are defective machinery, industrial explosions, exposure to toxic substances and workplace violence. Inadequate training, lack of protective equipment or failure to follow OSHA safety standards can be contributing factors. Transportation accidents involving commercial vehicles or work-related travel also can cause deaths.
Legal options for families after a fatal workplace accident
Families coping with a sudden loss often feel overwhelmed by legal and financial concerns. Depending on the circumstances, families may file a workers’ compensation death benefits claim, pursue a third-party wrongful death lawsuit or both. Each case is unique and strict filing deadlines apply under New Jersey law. It’s crucial to consult a knowledgeable attorney to fully understand your rights.
Workers’ compensation death benefits for surviving family members
In New Jersey, workers’ compensation provides death benefits when a worker dies as a result of a job-related injury or occupational illness. Beneficiaries eligible for death benefits include the surviving spouse, children and other dependents who relied on the worker for financial support. Death benefits typically consist of a percentage of the worker’s wages, subject to statutory limits. Workers’ compensation also covers reasonable funeral and burial expenses.
Death benefits are provided on a no-fault basis. Surviving dependents need not prove liability or defend against allegations of the worker’s negligence. However, disputes can arise concerning:
- Whether death resulted from a job related injury
- Whether a dependent qualifies
- The amount of benefits owed
If an employer’s insurance carrier challenges the claim, families should consult a NJ workers’ compensation attorney.
Third-party claims following a fatal work accident
If a third party contributed to a fatal accident, surviving family members may have grounds for a wrongful death lawsuit. Manufacturers of defective equipment, negligent subcontractors or reckless drivers might be partly or wholly liable. A third-party lawsuit allows the survivors to seek damages for full economic losses, as well as pain and suffering, loss of companionship and other non-economic losses. However, the plaintiffs must prove the third party was negligent or otherwise at fault.
Investigating fatal workplace accidents in Newton, New Jersey
While employers and insurers conduct their own reviews, families benefit when independent counsel focuses on the causes of the accident. An attorney can examine OSHA reports, safety records, maintenance logs and accident scene evidence. Witness statements, surveillance footage and expert analysis can help determine whether negligence, safety violations or defective products played a role. Prompt action is important, since evidence can disappear, weakening the case. Moreover, a wrongful death action generally must be filed no later than two years from the date of the worker’s death.
Contact a North Jersey workers’ compensation lawyer to discuss death benefits
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, with offices in Newton and Succasunna, handles workers’ compensation claims following fatal accidents throughout northern New Jersey. Please call 973-737-1023 or contact us online to set up a consultation.
