Workers' Compensation Death Benefits Claims

No personal loss is as serious and life-changing as the death of a close family member. This is especially true for surviving relatives who depended on that person for financial support.

 Many workers take out life insurance policies so that the loved ones they support will be made whole in the event of their untimely deaths. If a worker loses his or her life as a result of a work-related injury or illness, the New York Workers’ Compensation Law provides that worker’s surviving relatives an additional means of support.

Under the New York Workers' Compensation Law, the following people may file a claim for death benefits.
  • The spouse of the deceased.
  • Children of the deceased who are under age 18 at the time of death.
  •  Children of any age who were totally blind or physically disabled at the time of accident and whose disablement is total and permanent.
  •  Grandchildren and brothers and sisters of the deceased who were under the age  of 18 at the time of death and wholly or partially dependent upon the deceased fo    support at the time of accident.
  • Parents and grandparents of the deceased who were wholly or partially dependent upon the deceased for support at the time of accident.
  •  Children of the deceased, dependent grandchildren, dependent brothers and dependent sisters of the deceased under the age of 23 who are enrolled and                      attending as full time students in any accredited educational institution, where  death occurs on or after January 1, 1978.
New York workers’ compensation death benefits entitle the surviving relative(s) to:
  •  For surviving dependents, weekly workers’ compensation payments at the same rate as the deceased would have received had he or she lived.
  •  For surviving parents where there are no surviving dependents, $50,000.00.
  • Coverage of funeral expenses up to $6,000.00 in New York City and up to $5,000.00 outside New York City
Navigating the intricacies of New York’s workers’ compensation system in the aftermath of your spouse or parent’s death can be a source of added worry and stress at a time in your life when that is the last thing you need. But it doesn't have to be! With a skilled lawyer on your side, the process could be a lot easier. It should be noted that a family member’s work-related death should be reported to the employer within 30 days after the occurrence. It should be further noted that while the spouse and the children may file a single claim collectively, each dependent grandchild, brother, sister, parent or grandparent must file a separate claim.

Time is of the essence in these cases. Act quickly!

Have you lost a family member whom you depended on for support as a result of a work-related injury or illness? Contact Geoffrey Schotter, Esq. to review your case (347) 413-9014.