How Do Death Benefits Work In A New York Workers’ Comp Case?

Losing a loved one because of a workplace accident is a traumatizing experience that can devastate families for years. While no financial compensation could bring your loved one back, New York offers comprehensive survivor benefits to help you recover some of your expenses. Learn more about what they are and how you could secure the support your family needs during these difficult times.

What Are Survivor Benefits?

Also known as death benefits, survivor benefits are awarded to a worker’s surviving dependents due to the employee dying after a work-related medical condition or injury. When an affected family receives compensation, it gives them the essential financial support they need to sustain themselves adequately. This situation is especially true if they rely on the deceased worker’s income. 

Who’s Eligible For Survivor Benefits In New York?

According to New York’s workers’ compensation laws, close surviving family members of the deceased workers can file a death claim and receive benefits. These dependents typically include:

• A surviving spouse or children
• Dependent parents or grandparents
• Dependent grandchildren
• Dependent siblings

If there aren’t any immediate dependents, non-dependent parents or the deceased worker’s estate could qualify for survivor benefits.

When Would A Death Be Covered Under Workers’Comp?

A death is covered under workers’ compensation law if caused by a work-related incident. For example, if a construction worker had a fatal accident while on the job, their families would generally qualify for survivor benefits. Dependents would also be eligible if the worker developed an illness due to exposure to toxic chemicals. Like any other workers’ compensation case, showing a clear connection between the cause of death and the incident is crucial.

What Do Survivor Benefits Cover?

If you qualify, New York’s workers’ compensation law will cover the following survivor benefits:

Wage Replacement

If your family member passes away from a work-related illness, you and your family can qualify for weekly cash benefits to supplement the affected household’s lost wages. You can receive up to two-thirds of your family member’s average weekly wage, which varies based on their salary when the incident happens. If they had no dependents, surviving parents or the person’s estate could receive a lump sum of $50,000.

Funeral Expenses

Aside from wages, New York’s death benefits will cover your loved one’s funeral and burial expenses. However, the state will only cover up to a certain amount. In NYC and the surrounding counties, the maximum payout is $12,500. All other counties in the state will be eligible for up to $10,500.

Contact Our Attorneys Today

Navigating the workers’ comp claims system can be challenging during such a difficult time. However, our experienced New York workers’ compensation attorneys can guide you through the process and ensure you and your family receive the benefits you’re entitled to. If you have lost a loved one due to a work-related injury or illness, please call us at 855-338-1207 or contact us online for more information or to schedule a free case review today.