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Thomas Swartz
Thomas Swartz, Attorney
Category: Employment Law
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Do I file a death claim claim for WC or does my husbands

Customer Question

do I file a death claim claim for WC or does my husbands company do that in my behalf
Submitted: 3 months ago.
Category: Employment Law
Expert:  Thomas Swartz replied 3 months ago.

Hello JACUSTOMER,

It is you as the surviving spouse who must bring a workers compensation death claim. Your husband's company will not do this for you. Also, it is best you you hire an experienced local personal injury lawyer to assist in bringing the claim. A personal injury attorney will be able to evaluate not only the workers compensation death benefits, but if there were any third parties involved in the causation of your husband's death, there may be the possibility of a separate wrongful death lawsuit.

I am tremendously sorry to hear about your loss.

Thomas