Workplace accidents can sometimes result in the tragic loss of life. When a worker dies due to injuries sustained on the job, the surviving family members are left not only grieving but also facing financial burdens such as medical bills, funeral expenses, and the loss of income and support. This is referred to as a wrongful death in legal terms. In New Jersey, the family of a deceased worker may be entitled to pursue compensation through a wrongful death claim, but it is dependent on the circumstances surrounding the accident.

New Jersey has specific laws that govern wrongful death claims in cases of work-related accidents. These laws determine who can file a claim, what types of compensation are available, and how the claim process works. If your family has suffered the loss of a loved one due to a work accident, it's important to understand how the legal process functions and what your options are for pursuing compensation. This article will explain the key aspects of wrongful death claims in New Jersey and provide guidance on how to proceed after a fatal workplace accident.

The NJ wrongful death lawyers at Brandon J. Broderick, Attorney at Law can assist you if a loved one was killed in a work-related accident. Allow our experience to benefit you and help you win your case.

Understanding Wrongful Death in New Jersey

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the surviving family members or the estate of a deceased person whose death was caused by someone else's negligence or wrongful conduct. In the context of workplace accidents, wrongful death claims may arise when a worker dies due to unsafe working conditions, a lack of proper safety measures, or the negligence of third parties, which may include a subcontractor or manufacturers of equipment.

Wrongful death claims are civil actions, meaning they are separate from any criminal charges that might be filed in relation to the accident. The purpose of a wrongful death claim is to compensate the family for the financial losses and emotional pain they have suffered due to the death of a loved one.

Workers' Compensation and Wrongful Death Claims

In New Jersey, the workers' compensation system provides benefits to the dependents of workers who die as a result of a workplace accident. Workers' compensation benefits typically include medical expenses incurred before death, funeral costs, and death benefits to help the family cope with the loss of income.

However, workers' compensation benefits can be limited, and they may not fully address the extent of the family's financial losses or emotional suffering. In some situations, family members may also have the right to file a wrongful death claim in addition to receiving workers' compensation benefits, particularly if a third party was involved or if the employer's actions were especially negligent.

Filing a Wrongful Death Claim After a Workplace Accident

Who Can File a Wrongful Death Claim?

Under New Jersey law, only certain individuals may file a wrongful death claim on the deceased’s behalf. Generally, the personal representative of the deceased worker's estate, such as a spouse, child, or parent, will file the claim on behalf of the surviving family members. If there are no immediate family members, more distant relatives may be able to file the claim.

Establishing Negligence in a Wrongful Death Claim

To pursue a wrongful death claim, the family must prove that the death resulted from the negligence or wrongful actions of another party. In the case of a workplace accident, this might involve proving that the employer failed to provide a safe working environment, violated safety regulations, or neglected to maintain equipment properly.

In some cases, the negligence of third parties, such as a subcontractor or equipment manufacturer, may have played a role in the accident. In such instances, the family may be able to pursue a wrongful death claim against those third parties.

Third-Party Claims

In situations where a third party's negligence contributed to the worker's death, the family may have the right to file a wrongful death claim in addition to receiving workers' compensation benefits. For example, if a defective piece of machinery caused the accident, the manufacturer could be held liable. Similarly, if a subcontractor's failure to follow safety protocols resulted in the fatal accident, the family might have grounds for a wrongful death lawsuit against the subcontractor.

Third-party claims allow the family to seek compensation beyond the limits of workers' compensation, potentially covering a broader range of damages.

Compensation in a Wrongful Death Claim

The goal of a wrongful death claim is to provide compensation for the losses the surviving family members have suffered as a result of the death. This compensation may include:

• Medical Expenses: Any medical bills related to the worker's injury and treatment before death.
• Funeral and Burial Costs: Compensation for the expenses associated with the funeral and burial.
• Lost Income: Compensation for the wages the deceased worker would have earned and contributed to the family if they had lived.
• Loss of Benefits: Compensation for the loss of health insurance, pension, and other benefits that the worker provided.
• Loss of Companionship and Support: Compensation for the emotional and financial support the family has lost due to the death.

It's important to note that punitive damages, which are intended to punish the wrongdoer, are generally not available in wrongful death claims in New Jersey unless there is particularly egregious conduct.

Statute of Limitations for Wrongful Death Claims in New Jersey

In New Jersey, the statute of limitations for filing a wrongful death claim is two years from the date of the worker's death. If the claim is not filed within this time frame, the family may lose the right to pursue compensation. It's advisable to consult with an attorney as soon as possible to ensure that all legal deadlines are met and that the necessary evidence is gathered.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced injury 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.