Legal Question in Employment Law in New Jersey

Re: Death at work

Please accept my condolences for your loss.

Your mother's survivor benefits based on your father's employment/pension are dependent on a number of factors. In order to compute the amount due your mother, it is necessary to get all relevant documentation from the employer's pension plan. Further, the employer's pension plan administrator should provide a written statement indicating the benefit due and how it was computed. Errors are sometimes made in these computations, and if so, your mother would need to take appropriate steps to ensure she is receiving the correct benefit. Another thing to be aware of is that depending upon the nature of the plan, your mother might be entitled to an annuity payment plan (i.e. periodic payments) or a lump-sum (i.e. one-time payment).

Because a significant amount of money is probably involved, I urge you to advise your mother to contact an attorney immediately to assist her in this process.

Another issue which your question seems to raise, is whether there may be any legal claims against the employer or other parties connected with your father's death while "on the job." Again, you would need to retain an attorney to review the relevant facts and discuss you/your mother's legal rights, obligations, and options.

Please contact me if you wish to discuss retaining my services for this or any other purpose at:

[email protected]

973-605-8995