Construction Worker Killed After Being Trapped Inside of an Excavator That Fell Into a Waterway

Law Firm Newswire




Pennsauken, NJ (Law Firm Newswire) December 01, 2022 – A construction worker died as part of a crew at a Linden, New Jersey, site. He was operating an excavator when it fell into the Arthur Kill waterway. For an hour, he was trapped inside the equipment while in the waterway. Emergency responders were able to remove the equipment.

Worker’s compensation is the exclusive remedy in New Jersey for work-related accidents that result in injury, illness, or death. The surviving family members of the deceased employee may seek death benefits by filing a worker’s compensation claim. The personal representative for the deceased employee’s estate must notify the employer in writing of the death. Although the employer may already know about the accident, it is best to have written proof that the employer has notice. Making sure to notify the employer is necessary because the estate and the dependents of the deceased cannot receive compensation unless and until notice has been given to the employer.

The statute of limitations is necessary because failure to meet specific deadlines can affect the outcome of the worker’s compensation claims. Under New Jersey worker’s compensation laws, notice to the employer of a work-related accident must be given no later than ninety days from the date of discovery of the injury or death. No compensation for the injury or death is allowed if the notice is not provided within the time limit. After the employer receives notice, the insurance carrier reviews the claim and decides whether to approve or deny it. If the claim is approved, the medical and wage benefits to the deceased employee’s surviving dependents are in the order of priority set forth by state law.

For the medical benefits, worker’s compensation pays the expenses of the last sickness of the deceased employee. It also pays for the cost of the burial and funeral up to $3,500, which is paid to the person who paid the cost of the burial and funeral. The death benefits wage compensation is seventy percent of the deceased employee’s wages. The weekly payment is distributed to the deceased’s dependents at the time of death. If there is more than one eligible dependent, the amount is divided based on the number of dependents to receive payment.

Learn more at Petrillo & Goldberg Law 6951 North Park Drive Pennsauken, NJ 08109 1333 Race Street Philadelphia, PA 19107 70 South Broad Street Woodbury, NJ 08096 Phone: 856-486-4343 Fax: 856:486-7979
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