Losing a spouse due to a workplace accident or occupational illness is an unimaginable tragedy. Workers' compensation death benefits exist to provide financial support to the surviving spouse and dependents during such challenging times. However, life moves forward, and many surviving spouses wonder how a decision to remarry might impact their eligibility for these benefits. This question becomes even more important when children are involved, as their financial well-being may also be at stake.

Navigating workers' compensation laws can be complex, especially when addressing changes in personal circumstances like remarriage. Each state has its own regulations, and the specifics of how benefits are distributed depend on several factors, including the worker’s employment status, the surviving spouse’s marital status, and the presence of dependents.

Whether a surviving spouse can continue receiving workers' comp death benefits after remarrying, how these laws impact surviving children, and what steps you can take to protect your family's financial future is discussed in the following article.

If you find yourself in a similar situation, we advise you to discuss your specific case with a qualified workers comp attorney. Call Brandon J. Broderick, Attorney at Law today for more info.

Understanding Workers' Compensation Death Benefits

What Are Workers' Compensation Death Benefits?

Workers' compensation death benefits are payments made to the surviving family members of a worker who dies as a result of a workplace injury or illness. These benefits typically cover:

• A portion of the deceased worker’s lost wages.
• Funeral and burial expenses.

The goal of these benefits is to ease the financial burden on families who lose a primary breadwinner. Eligibility for these benefits is usually extended to spouses, children, and sometimes other dependents, depending on state laws.

How Benefits Are Distributed

In most cases, benefits are paid to the surviving spouse and any dependent children. For example, New Jersey workers’ compensation law stipulates that death benefits amount to 70% of the deceased worker’s weekly wages, divided among dependents. Spouses typically receive these payments for as long as they remain unmarried, while children may receive benefits until they reach adulthood or complete their education.

How Remarriage Affects Workers' Compensation Death Benefits

Rules for Surviving Spouses

In many states, including New Jersey, remarriage can significantly impact a surviving spouse’s eligibility to continue receiving death benefits. Generally, benefits for the surviving spouse end upon remarriage. However, some states provide a lump-sum payment equivalent to a certain number of weeks of benefits upon remarriage. For example:

• New Jersey: A surviving spouse’s benefits typically terminate upon remarriage. However, dependents like children may continue to receive their share of the benefits.
• Other States: Some states offer a lump-sum settlement or other compensatory measures when benefits end due to remarriage.

Impact on Surviving Children

Remarriage of the surviving spouse does not usually affect the eligibility of dependent children to continue receiving workers’ compensation death benefits. Children are typically entitled to benefits until they:

• Reach the age of 18 (or 23 if they are full-time students).
• Become self-supporting.

If children remain dependent due to disability, benefits may continue indefinitely.

Important Considerations

• State Laws Vary: The rules governing workers' compensation death benefits differ by state. It’s essential to consult an experienced attorney familiar with your state’s laws.
• Protecting Children’s Benefits: Ensure that the termination of spousal benefits due to remarriage does not inadvertently impact payments allocated for dependent children.

Steps to Take if You’re Remarrying

If you’re a surviving spouse considering remarriage, there are several steps you can take to safeguard your financial stability and ensure your children continue to receive their entitled benefits:

1. Understand Your Rights

Before making any decisions, review the workers’ compensation laws in your state. An attorney can help you understand how remarriage will affect your benefits and whether a lump-sum payment is available.

2. Notify the Appropriate Authorities

If your benefits are administered through your late spouse’s employer’s insurance company, you must notify them of any changes in your marital status. Failing to report remarriage could result in legal complications or repayment demands.

3. Plan for Financial Adjustments

Losing death benefits upon remarriage may require adjustments to your financial plans. Working with a financial advisor or attorney can help you create a strategy that accommodates these changes.

4. Advocate for Your Children’s Benefits

Ensure that any benefits designated for dependent children continue without interruption. If you face challenges with payments, an attorney can assist in resolving disputes.

When to Contact an Attorney

Navigating workers’ compensation laws can be overwhelming, especially when dealing with the added complexities of remarriage and dependent children. An experienced attorney can:

• Clarify your rights and obligations under state law.
• Assist in negotiating lump-sum settlements.
• Advocate for your children’s continued benefits.
• Ensure that your family’s financial future is protected.

Call Brandon J. Broderick For Legal Help

Navigating workers’ comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers’ comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.