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Widow fights for late husband's workers' compensation benefits

It is likely that New Jersey residents know of at least one person who has been injured in some way while working. More often than not, these injuries are the result of years of repeated actions, but sometimes, workers are injured or even killed as the result of a traumatic incident. Those who were injured while working are often able to collect on their workers' compensation claims with minimal trouble, but sometimes, victims and their families have more trouble collecting these benefits. 

A widow recently appealed a denied claim regarding her late husband's workers' compensation insurance benefits. Her husband, a construction worker, had been killed by a vehicle while he was working away from home. His workers' compensation benefits extended to include injuries and or a fatality that occurred while working away from home.

The claim was originally denied because it was believed that the man was likely intoxicated at the time of his death. It was asserted that he was drunk and stumbling in the middle of the road at the time of the accident. However, this decision was later overturned due to lack of evidence. The appeals court determined that there was no direct proof that the man was intoxicated, nor was there sufficient evidence that he was walking in the road. Attorneys argued that the vehicle could have swerved off of the road and hit the victim. 

Collecting workers' compensation can often be a long, difficult process. New Jersey residents who have been injured while working could benefit greatly from speaking with an attorney. An attorney may be able to help victims and their families to fully understand what benefits they are entitled to and how best to receive them. 

Source: wlrn.org, "Workers' Comp Benefits Backed In Intoxication Case", April 19, 2018

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