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What you need to know about workers’ comp death benefits

Sometimes a New York worker pays the ultimate price for their hard work: they are killed on-the-job, leaving behind friends and family to mourn their death. The death of a worker can be especially traumatic for families who were depending on that worker’s paycheck to make ends meet.

It is important for grieving families to know that New York workers’ compensation laws provide death benefits for the families of workers killed on the job. If a worker without a family passes away, their estate may be eligible to receive a lump sum payment and money to cover funeral expenses.

Death benefits for workers with families

If a worker dies on the job from a compensable injury (an injury covered by workers’ compensation insurance) then their dependents may be entitled to receive weekly cash benefits. Family members who may qualify for these benefits include a surviving spouse, minor children and if the worker had no spouse or children other family members may qualify.

The weekly cash benefit is equal to two-thirds of the deceased worker’s average weekly wage for the one-year period before the accident. The weekly compensation that a worker’s family receives may not exceed the weekly maximum regardless of the number of dependents in the family (the maximum can vary by year – the current maximum is $600).

Death benefits for workers without a family

Sometimes a worker without an immediate family entitled to benefits – no children, spouse, grandchildren, grandparents, brothers or sisters, parents or grandparents that qualify – is killed on the job. In this situation, the worker’s surviving parents or the worker’s estate may be entitled compensation.

In this case the surviving parents or the estate would receive a one-time payment of $50,000. Funeral expenses may also be covered. In metropolitan New York counties the amount allowed for funeral expenses is $6,000, and $5,000 is allowed in all other counties.

Applying for NY workers’ comp death benefits

To apply for workers’ compensation death benefits, you must fill out an application from the State of New York Workers’ Compensation Board. In addition to filling out this application (available online), you must provide the following information:

  • A medical report from the doctor who treated the deceased
  • A copy of the death certificate
  • Proof of your relationship to the deceased (i.e. birth certificate, marriage certificate, adoption papers, etc.)
  • An itemized funeral bill

Help for families of workers killed on-the-job

If you know a New York worker who has been killed on-the-job, then please know that there is help. The attorneys at Markhoff & Mittman have a long history of helping the families of injured and deceased workers, and they can assist you, too. Please contact their office today, and let us protect your rights and ensure you get the compensation you deserve.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810


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