Markhoff & Mittman Blog

Who can apply for NY workers’ comp death benefits?

If your family has been rocked by the loss of a loved one to an on-the-job accident, then take heart – there may be help for you.  Immediate families of New York workers killed in a workplace accident are entitled to receive weekly compensation and reimbursement for funeral expenses.

Under the Workers’ Compensation laws, there are a variety of family members who can apply for death benefits after a worker dies on the job.  A claim for compensation in a death case can be filed by:

1. The spouse of the deceased worker;
2. Children of the deceased who are under the age of 18 at the time of the worker’s death;
3. Children of any age who were blind of physically disabled at the time of death, as long as their disablement is total and permanent;
4. Grandchildren, brothers or sisters of the deceased who were under the age of 18 at the time of death and who were wholly or partially dependent on the deceased for financial support at the time of the accident;
5. Parents and grandparents of the deceased who were wholly or partially dependent upon the deceased for support at the time of the accident;
6. Children of the deceased, dependent grandchildren, dependent brothers or dependent sisters of the deceased under the age of 23 who are enrolled and attending as full-time students in any accredited education institution (as long as the worker’s death occurred on or after January 1, 1978).

The deceased worker’s spouse can file a single claim that includes their dependent child / children.  However, each dependent grandchild, brother, sister, parent or grandparent must file their own separate claim.

You can read more about New York workers’ compensation death benefits in our law library article “What you need to know about workers’ comp death benefits”.