The death of a loved one due to a workplace accident is a tragedy that leaves families grieving and often facing unexpected financial hardship. In New Jersey, workers’ compensation laws provide support in the form of survivor benefits. While no amount of money can make up for the loss, understanding these benefits can help families stay afloat and plan for the future.

If you're dealing with the sudden loss of a spouse or family member after a work-related accident, you may be eligible for financial support under the state’s workers’ compensation system. This article explains how survivor benefits work in New Jersey, who qualifies, how much support is available, and what steps to take if you believe you're entitled to these benefits.

How New Jersey's Workers’ Comp System Helps After a Fatal Workplace Accident

New Jersey law requires almost all businesses with employees to carry a workers’ compensation insurance policy. This coverage provides benefits not only for injured workers but also for their dependents if the worker dies due to a job-related injury or illness.

Survivor benefits can help with two major areas:

• Funeral and burial costs, up to $5,000
• Weekly financial compensation to dependents of the deceased worker

Importantly, these benefits are provided regardless of who was at fault for the incident, as long as the death is work-related.

Who Can Claim Survivor Benefits in New Jersey?

Under state law, certain family members are presumed to be dependents. These include:

• A surviving spouse living with the worker at the time of death
• Children under 18, or up to 23 if they’re full-time students
• Children of any age who are disabled

Other relatives—such as parents, siblings, or extended family—may also qualify if they can show they were financially dependent on the worker at the time of the incident. The more dependent individuals there are, the more the benefit must be split among them.

How Weekly Benefits Are Calculated

The amount survivors can receive is based on the deceased employee’s average weekly wage, with a cap set each year by the state. In general, the total weekly amount is 70% of the worker’s average weekly wage, not to exceed a maximum set by New Jersey’s Division of Workers’ Compensation.

This payment is then divided among all qualifying dependents. Benefits typically continue:

• Until children reach the age limit
• Until a spouse remarries
• As long as a disabled dependent continues to qualify

If a surviving spouse remarries, New Jersey allows a one-time lump sum payment equivalent to two years of benefits.

Deadline to File for Survivor Benefits

New Jersey gives surviving family members two years from the date of the worker’s death to file a claim. Though this may seem like a long time, waiting can complicate things—especially if disputes arise or documentation is missing. Filing as early as possible helps protect your right to receive benefits.

What If Another Party Is Also to Blame?

In most workplace death cases, workers’ compensation is the exclusive remedy, meaning you generally cannot sue the employer directly. However, if a third party—such as a contractor, equipment manufacturer, or negligent driver—played a role in the accident, the family may be able to file a wrongful death lawsuit against that third party.

These claims are separate from workers’ comp and could allow for additional compensation beyond what’s available through survivor benefits. A knowledgeable attorney can help determine whether this option applies to your case.

What to Do If You've Lost a Loved One to a Work-Related Accident

If you’ve recently lost someone close to you in a workplace accident, here’s what you should do:

1. Inform the employer of the accident and request a copy of the report
2. Collect relevant documents, such as the death certificate and medical records
3. Record any communications with insurance providers or employer representatives
4. Consult with an experienced workers’ compensation attorney to discuss your case and legal options

Survivor benefit claims can be complicated, as well as emotionally draining to the family. The right attorney can take that burden off your shoulders so you can focus on what truly matters—healing and supporting your family.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we understand that families going through the loss of a loved one need more than just legal advice—they need real support. Our legal team is here to guide you through the survivor benefits process and ensure your family receives the compensation you deserve.

We can also evaluate whether you may have a case against a third party for additional damages. You don’t have to go through this alone. Contact us today for a free consultation.