Can I Sue if My Loved One Died in a Work Accident?

We do not expect that we or someone we love will die in a workplace accident, but it happens more often than you think. In 2023, there were a total of 5,283 fatal work injuries.

When a person is injured or killed on the job, workers’ compensation benefits are often available. Workers' compensation offers medical care, wage replacement, and compensation for permanent disabilities to employees who experience work-related injuries or illnesses. In cases where a worker dies due to a job-related cause, the system also provides death benefits to their eligible dependents.

When a worker dies due to a workplace accident, the surviving family members are left not only grieving but also facing financial burdens. Because of this, they wonder about their legal rights. Can they sue?

In New Jersey, the family of a worker who has died in a job-related accident may be eligible to file a wrongful death claim, depending on the specific circumstances of the incident.

State laws set clear guidelines for wrongful death claims involving workplace accidents, including who can file, what compensation may be available, and how the process is handled. If you've lost a loved one due to a work-related incident, it's crucial to understand your legal rights and the options available for seeking compensation.

The Process

In most cases, if the death is work-related, the primary recourse against the employer is through workers' compensation. However, it may be possible to sue the employer or other parties in addition to, or instead of, workers' compensation if the death was caused by their negligence or misconduct, and not solely a result of the employee's own fault.

There are limitations as to who can file. Only one person can file a wrongful death lawsuit: the executor or administrator of the deceased's estate.

However, the executor is not the one who benefits from the lawsuit. The compensation from a wrongful death claim is intended for the deceased's surviving family members, including the spouse, children, parents, and other relatives who can prove they were dependent on the deceased for support. This claim is meant to compensate for the family's financial losses due to the death, such as lost wages, benefits, and funeral expenses.

There are also deadlines to keep in mind. New Jersey has a two-year statute of limitations for filing a wrongful death lawsuit, starting from the date of death. If a public entity is involved, the deadline is even shorter. A Notice of Claim must be filed within 90 days of the death.

Contact Us Today

A serious work injury can lead to death. What happens if a loved one is killed? What legal options do you have?

The New Jersey workers’ compensation lawyers at Leonard Legal Group can help. We are here to answer your questions and ease your concerns about your workers’ compensation claim. Whether you or a loved one was injured or killed, we can assist you in getting the compensation you deserve. Schedule a consultation with our office today. Contact us via (973) 984-1414 or online here.