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Worker’s Compensation Death Benefits

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Recover Workers’ Compensation Death Benefits with the Help of Our Attorneys

The workers’ compensation program is generally designed to compensate workers who are injured on the job while they recover.   The New York workers’ compensation program also pays death benefits to eligible decedents’ surviving spouse, children, parents, and/or estate. Below is an overview of workers’ compensation death benefits in New York. If you have further questions about the program, please contact a workplace accident law firm like Turley, Redmond and Rosasco. We have over 30 years of experience helping clients throughout New York City and Long Island — including Nassau County and Suffolk County. 

What is Included as Part of Death Benefits?

As a rule, death benefits typically cover funeral and burial expenses as well as weekly cash benefits paid to the decedent’s spouse and dependent children, or other dependents.

How Much are Workers’ Compensation Death Benefits in New York?

Just like cash benefits paid to the injured worker, the amount of workers’ compensation death benefits depends upon the decedent’s salary prior to his or her death and are based on the formula ⅔ x average wage = weekly benefit. They also depend to a large degree upon the decedent’s family makeup (i.e., whether he or she was married, had children, living parents, etc.). In New York, workers’ compensation death benefits are payable as follows:

  • Spouse, no children: 66 ⅔% + two-year lump sum upon remarriage
  • Spouse and children: 36 ⅔% + two-year lump sum upon remarriage to spouse, 30% shared equally to children
  • Children, no spouse: 66 ⅔% shared equally
  • No spouse or children; dependent grandchildren or sibling: 25% to each dependent until condition met
  • No spouse or children; dependent parent or grandparent: 40% to each dependent during dependency
  • No spouse, children, or dependents: $50,000 to parents or to decedent’s estate
  • Children are only covered until the age of 18 or the age of 23 if they go to college.

The program also provides funeral expenses in the following amounts:

  • Paid worker in New York City metropolitan counties (Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester): $12,500
  • Paid worker in all other counties: $10,500
  • Volunteer ambulance worker or firefighter: $6,700
  • Volunteer firefighter who died performing duties or paid firefighter or police officer who died in line of duty: No limit
  • Civil defense volunteers: $750

Contact Our Long Island Workplace Accident Law Firm for More Information

Losing a loved one in a workplace accident can be a devastating blow to your family. For help with recovering the benefits you are entitled to, please contact the workplace accident law firm of Turley, Redmond and Rosasco by using our online form or calling us at 516-745-5666 (Garden City), 631-582-3700 (Ronkonkoma), or 631-399-0400 (Shirley/Riverhead).

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