New Jersey Workers’ Compensation Death Benefits: Partial Dependency
Determining how much New Jersey workers’ compensation death benefits a partial dependent is entitled to can be difficult to calculate. In most cases, if you are a partial dependent to a deceased worker to passed as a result of a compensable work-related accident or injury, your New Jersey workers’ compensation attorney will use the formula provided in the Riccardi v. Damara Products, Co. 45 N.J. 54 (1965) case to determine how much death benefits you are entitled to.
Partial v. Total Dependent
Before your attorney determines how much death benefit you are entitled to, he will first need to determine whether you are a partial or total dependent. If you were a total dependent of the deceased worker, you received all of your ordinary necessities of life from that person, such as food, clothes and shelter. On the other hand, a partial dependent does not totally depend on another individual for such necessities of life.
Your New Jersey worker’s compensation lawyer will note that if you are a surviving spouse or a natural child under 18 years of age and was actually a part of the decedent’s household at the time of his or her death, your total dependency is conclusively presumed.
The Riccardi Formula
In the Riccardi case, the formula for partial dependency is described as the contribution divided by wages times the scheduled percentage. For example, if you were partially dependent for $10 per week on your deceased brother who earned $200 per week and died in 2013, the formula would be calculated as follows:
$10%/$200 x 70% (the schedule percentage for three dependents) = $3.50 per week
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about New Jersey workers’ compensation death benefit payments to partial dependents, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
We will schedule a complimentary consultation with one of our experienced New Jersey workman’s compensation lawyers to provide you with the information you need and assist you in getting the maximum benefits to which you are entitled. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.