Yes, the families of temporary, seasonal and staffing agency workers may have the option to pursue a wrongful death claim after a fatal workplace accident in New Jersey. Workers’ compensation death benefits may provide the first source of financial support. However, some cases could also support a separate claim against a third party, such as a contractor, property owner, equipment manufacturer or another negligent company.
How could workers’ compensation apply?
New Jersey workers’ compensation law may provide death benefits to eligible dependents when a worker dies from a job related injury. Those benefits could help cover funeral expenses and provide ongoing financial support. In many situations, however, they may not provide the same types of damages that a wrongful death claim could allow.
This issue may also affect temporary workers. If a staffing agency placed your loved one with a host employer, the employment arrangement could influence who provided workers’ compensation coverage and how responsibility gets evaluated. The details of the placement, control over the worksite and the cause of the accident may all play a role.
When could a third party face liability?
A separate wrongful death claim may exist if someone other than the employer contributed to the fatal accident. In New Jersey, that could include unsafe worksite conditions, defective equipment, negligent subcontractors or a property owner who failed to address a known hazard.
For example, a third party could include:
- A contractor who ignored workplace safety requirements
- An equipment manufacturer that sold a defective tool or machine
- A property owner who failed to maintain reasonably safe premises
- A driver or outside vendor whose negligence contributed to the fatal accident
The facts of the accident may determine whether one or more of these parties could share responsibility.
Why does the employment arrangement matter?
Staffing agency cases often involve more than one business. As a result, you may need to identify which company directed the worker’s daily duties, controlled workplace safety and had the ability to reduce or correct hazards. Those details could affect both a workers’ compensation claim and a potential wrongful death claim against a third party.
What New Jersey law applies?
One law that may apply is New Jersey’s Wrongful Death Act. The statute allows certain family members to pursue a wrongful death claim when a person’s death results from a wrongful act, neglect or default. It may become especially relevant when someone other than the employer contributed to the fatal workplace accident.
Looking closely at the facts may reveal additional options
Every workplace accident involves its own facts. If several companies played a role in the events leading to the fatal accident,getting the right legal advice, a careful review of the worksite, safety records, contracts and witness accounts may help identify the legal options that could be available. Early action may also help preserve important evidence before it becomes more difficult to obtain.
For many families, workers’ compensation may provide one path after a fatal workplace accident. Still, it may not always represent the only option. When another party’s negligence may have contributed to the loss, a wrongful death claim could also be available under New Jersey law.
