Workers’ Compensation death benefits provide a vital financial safety net for families who have lost someone due to a work-related injury or illness. At Nappa, Monterosso & Poznansky, our workers’ compensation lawyers have more than 30 years of experience helping families in the greater NYC area get through tough times. Our team helps you understand how death benefits work in New York and provides compassionate legal support you can trust.
What are Workers’ Compensation Survivor Benefits?
Known as survivor benefits in New York, workers’ compensation death benefits provide financial compensation to the dependents of workers who have lost their lives due to a workplace injury or occupational disease. Typically, they cover funeral costs and provide weekly cash benefits. Our workers’ compensation attorneys help grieving families navigate the claims process and work to ensure they receive the support they deserve.
What Do New York Workers’ Compensation Death Benefits Cover?
Wage replacement payments to surviving dependents are the key component of death benefits in New York. Generally, dependents receive two-thirds of the deceased worker’s average weekly wage before their workplace injury or occupational illness. The maximum benefit is capped according to the state’s weekly limit, which is adjusted annually.
In certain cases, an employer’s insurance carrier may offer a lump-sum settlement instead of weekly payments. Although getting a lump-sum payment can provide quick financial relief, it’s critical to have an experienced workers’ compensation attorney review the settlement offer and negotiate on your behalf. This ensures that your interests are protected and you receive fair compensation.
Workers’ compensation death benefits in New York also provide financial assistance for funeral and burial expenses. Families of workers who lived in the greater New York City area can obtain up to $12,500 in funeral benefits. This includes Staten Island and Westchester County. In other areas, loved ones may receive up to $10,500 in funeral costs.
Who is Eligible for Workers’ Compensation Survivor Benefits in New York?
Survivor benefits are only available to dependents if the death of a loved one is proven to be job-related. The New York Workers’ Compensation Board’s definition of a dependent is based on the relationship to the worker and their financial reliance on the deceased person’s income.
A surviving spouse is presumed to be a dependent and should be entitled to death benefits in New York. However, if a spouse remarries, workers’ compensation payments may be affected. Minor children under the age of 18 are also considered dependents. Those who are full-time students can receive workers’ compensation death benefits until the age of 23. Dependent children with disabilities may qualify for lifelong benefits.
If there is no surviving spouse or minor children, New York workers’ compensation survivor benefits may be available to other dependents who were financially reliant on the deceased worker. This can include:
- Parents or grandparents
- Siblings under the age of 18
- Other relatives who were financially supported by their deceased loved one
It’s important to note that if no dependents exist, workers’ compensation death benefits may still cover burial and funeral expenses, but weekly cash benefits will not be available.
How Long Do Workers’ Compensation Survivor Benefits Last?
The length of time a dependent receives death benefits in New York depends on their relationship to the deceased worker. Surviving spouses may receive death benefits for their lifetime or until they remarry. If they do get married again, they may get a lump-sum payment equal to two years of benefits.
Minor children receive payments until they turn age 18 or 23 if they’re a full-time student. Depending on the circumstances, disabled children may receive death benefit payments for life. Other dependents may receive them for a specified period of time based on their level of financial dependence on the deceased worker.
Applying for Workers’ Compensation Death Benefits in New York
To obtain workers’ compensation death benefits, surviving family members must file a claim with the New York State Workers’ Compensation Board. The surviving family should notify the deceased worker’s employer within 30 days of the death. Written notice ensures that the notification is documented.
Survivors should then file a claim with the New York Workers’ Compensation Board. A claim for death benefits is filed using a Claim for Compensation in Death Case (Form C-62). Supporting documentation, such as a death certificate, medical records, and proof of financial dependence must be submitted with the claim.
Proof of Death by Physician Last in Attendance on Deceased (Form C-64) is filed by the worker’s last treating physician. Proof of Burial and Funeral Expenses by Undertaker (Form C-65) is filed by the funeral home or crematory handling final arrangements.
At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation attorneys understand that when you’re grieving the loss of a loved one, filing a death benefit claim is likely the last thing on your mind. We can help you gather required documentation and ensure your claim for death benefits is filed promptly so your family can focus on supporting each other during this difficult time.
How Our Lawyers Can Help
Filing for death benefits in New York can be a multifaceted process. Let our workers’ compensation attorneys take some of the weight off your shoulders and handle any challenges that may arise. Unfortunately, employers and their insurance carriers aren’t always cooperative. They may dispute that the death was work-related, claim that the deceased worker had a preexisting condition, dispute individuals’ dependency, or delay payment. This can leave families in a precarious financial situation.
In these cases, it’s vital to have a seasoned workers’ compensation lawyer by your side. Our attorneys know what type of evidence to gather and present compelling arguments that demonstrate how a death was caused by work-related factors. If you believe your loved one died due to a third party’s negligence, our workers’ compensation lawyers can determine whether a wrongful death claim may be a viable option for recovering damages.
If your claim is denied, we can help you file an appeal with the New York State Workers’ Compensation Board. If further hearings or appeals are necessary, we represent your interests and advocate to help you get the death benefits you deserve. If you’re considering filing a Social Security Disability claim for death benefits or need help with an SSDI denial or appeal, our skilled team can assist you with that as well.
Contact Our Workers’ Compensation Attorneys in the Greater New York City Area
If you’ve lost a loved one to a work-related injury or illness, our workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP can help. Call 718-273-9000 or contact us to schedule a consultation and learn more about workers’ compensation death benefits in the greater NYC area. Our Spanish-speaking clients can count on attorney and Partner Rolando Cubela to provide exceptional legal guidance and services they can trust.
