A man placing a white rose on top of a gravestone

When Will Workers Comp Cover Death Benefits in New York?

Losing a loved one is a painful experience that can also have a devastating financial impact on families. If you’ve lost someone you love due to a work-related injury or occupational disease, you may be eligible for workers’ compensation death benefits in New York. At Nappa, Monterosso & Poznansky, our compassionate workers’ compensation lawyers help families in the greater NYC area obtain death benefits after job-related fatalities. We’re dedicated to helping you understand your rights and options and guiding you through the process every step of the way.

Workers’ Compensation Death Benefits in New York

The State of New York recognizes that the death of a loved one due to a workplace accident or illness can take a financial toll on families. New York Law requires death benefits be included in employers’ workers’ compensation insurance policies.

Although your employer’s workers’ compensation insurer may provide a death benefit, it is only considered work-related if the person suffered a fatal injury at work that led to their death or they died due to an occupational disease. For example, if a worker suffers a fatal fall in a construction accident or someone dies from cancer due to prolonged exposure to toxic chemicals at work, their loved one may file a claim for cash benefits. Funeral or memorial expenses for work-related deaths are also covered up to a certain amount, which can vary by county.

Who is Eligible for Workers’ Compensation Death Benefits?

Eligibility for death benefits is limited to the deceased person’s:

  • Spouse
  • Children
  • Grandchildren
  • Parents
  • Grandparents
  • Siblings
  • Estate

If there is no surviving spouse, child, or grandchild, the parents of the deceased worker or the worker’s estate may be eligible to receive the death benefit. Generally, spouses may get 2/3 of the deceased worker’s average weekly wage for the year prior to the accident.

However, understanding how workers’ compensation death benefits are calculated and allocated can be challenging. Depending on their relationship to the deceased and the existence of others who may be entitled to benefits, different beneficiaries are entitled to different amounts. A workers’ compensation lawyer can evaluate your case and advise you on who is able to collect a death benefit and how much it may be.

Obtaining Workers’ Compensation Survivor Benefits

Unfortunately, both employers and their workers’ comp insurer usually want to pay as little as possible on death benefit claims. They use any tactics they can to make it difficult for grieving loved ones to receive benefits, including claiming the death was not work-related, was due to a pre-existing condition, or may even deny a claim on a technicality. There are strict deadlines that must be followed and extensive documentation is required when filing a workers’ compensation claim for death benefits. To avoid common pitfalls, it’s best to contact a workplace injury lawyer as soon as possible after the work-related death of a loved one.

A Workplace Injury Lawyer Can Help You Get the Benefits You Deserve

Claims for workers’ compensation death benefits are complex. Having a tenacious, knowledgeable workers’ compensation lawyer assist you helps protect your rights and gives you the best chance for obtaining the full amount of death benefits you may entitled to receive.

Contact a Workers’ Compensation Lawyer in the Greater New York City Area

Our caring team at Nappa, Monterosso & Poznansky, LLP, knows that dealing with the loss of a loved one can turn families’ lives upside down. Our workplace injury law firm in Staten Island provides the legal support you need so you can focus on healing. We’ve helped thousands of injured workers and their families in the greater NYC area obtain benefits. Partner Rolando Cubela provides legal representation for our Spanish-speaking clients. To schedule a free consultation with a workers’ compensation lawyer in NYC, call us at 718-273-9000 or contact us online.

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