Legal Question in Workers Comp in New Jersey
applying for worker's comp for my late husband
i recently lost my husband, who was at work at a jobsite in passaic county,nj when he suddenly collapsed. we,however, lived in nyc. he had undergone many adverse financial situations within the previous decade and, therefore, left no estate(no assets, no insurance, no pension). he did have some debts(credit card, car lease-the car was repossessed in 1996-7, etc..), none of which were recent. is it advisable for me to apply for workmen's comp? how do i go about it? is there a time limit? if so, what is it? i have no idea if his recent employer paid for his workmen's comp. if not, how does that affect matters? how do his creditor's figure into the equation? if i get a settlement, will they all start coming out of the woodwork and walk off with the whole thing, after the lawyer takes his cut?
2 Answers from Attorneys
Re: applying for worker's comp for my late husband
If your husband passed away on the job site in New Jersey within the past two years, then I would certainly apply for workers compensation. This is somnething you would want to do with the advice and assistance of a lawyer since it can be a very complicated process. If your husband's employer obeyed the law and had workers compensation coverage, then we have a chance of getting an awrd for you depending upon the facts of the case. As to his creditors, since there is no money in the estate then they cannot try to collect from you personally. If we get an award for you in workers compensation for your husband's death on the job, then I don't believe the creditors have a right to come after that money either since it is not your husband's money, it is yours as his widow. The lawyer is entitled to receive up to 20% of your award. If you don't win, the lawyuer does not get paid. It does not matter that you and your husband lived in New York City at the time of his death. I would like to talk to you about this in more detail. Please call me at 908-272-0111 to discuss this. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: applying for worker's comp for my late husband
My condolences on your loss. You do have a right to a "Survivor Benefit" from Workers Compensation. Yous husband's creditors will have no right to this money.
You must apply for benefits within 2 years.
The advice and assistance of a lawyer since it can be a very complicated process. If your husband's employer obeyed the law and had workers compensation coverage, then we have a chance of getting an awrd for you depending upon the facts of the case. If the employer did not have coverage, then there is a fund that provides benefits directly to you.
I would like to talk to you about this in more detail. Please call me at 914-576-0912 to discuss this. There is never any charge for simply talking to me about a case.
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