If a worker suffered a fatal injury in New York, will workers’ comp provide their dependents with death benefits?

Binghamton, NY—If an individual suffered a fatal injury in a work-related accident, their spouse, children, and any other qualifying dependents should be entitled to collect workers’ compensation death benefits on their behalf. Losing a loved one to an unexpected accident is difficult enough, but when that person was relied upon for financial support, it only makes matters worse for their spouse and children.

That is why New York law requires workers’ compensation death benefits to be provided to surviving dependents.

 

Collecting Workers’ compensation death benefits after a fatal work accident in Binghamton, NY

 

One of the death benefits that is made available to surviving dependents such as a spouse or child is weekly cash benefits. The amount a surviving spouse and/or minor child can collect is “equal to two-thirds of the deceased worker’s average weekly wage for the 52 weeks prior to the accident,” according to the New York State Workers’ Compensation Board.

The New York State Workers’ Compensation Board does say, however, that the amount a decedent’s dependents can receive cannot exceed the maximum weekly benefit amount for the date in which the fatal injury occurred. The maximum weekly benefit chart can be accessed by clicking here.

Important: If the decedent did not leave behind a spouse, minor child, or another qualifying dependent, their surviving parents or estate may be entitled to collect $50,000.

 

Does workers’ comp cover funeral expenses?

 

Another benefit surviving dependents might be entitled to collect is funeral or burial expenses. If a claim for funeral expenses is filed in any other following counties, the maximum amount that shall be awarded is $12,500:

• Bronx
• Kings
• Nassau
• New York
• Queens
• Richmond
• Rockland
• Suffolk
• Westchester

 

If a claim for burial expenses is filed in any other county, the maximum amount that shall be awarded is $10,500.

 

Filing a Death Claim after a fatal work accident in Binghamton, NY

 

If a surviving family member is looking to recover workers’ comp death benefits, they will need to file a Death Claim with the New York State Workers’ Compensation Board. To do this, they will need to download and fill out a Claim for Compensation in Death Case form and submit it along with the appropriate documentation to the Board.

 

Surviving dependents are given two years from the date of their loved one’s death to get their death claim filed.

 

In the event a surviving dependent has questions or concerns regarding the death benefits they are entitled to collect, they can contact Stanley Law to speak with a Binghamton, NY workers’ compensation lawyer. If a surviving dependent isn’t sure how to start the claims process or has been informed that they aren’t entitled to benefits, they too are encouraged to contact Stanley Law and schedule an initial consultation with a Binghamton workers’ compensation attorney.

 

Stanley Law has multiple offices in Central New York that are located at:

 

Syracuse Office

 

215 Burnet Avenue

Syracuse, NY 13203

Phone: 1-800-608-3333

Website: www.stanleylawoffices.com

 

Binghamton Office

 

84 Court St., Ste 414

Binghamton, NY 13901

 

Watertown Office

 

200 Washington St., Ste 407A

Watertown, NY 13601

 

Rochester Office

 

510 Clinton Square, Ste 521

Rochester, NY 14604

 

Montrose Office

 

22 Public Ave

Montrose, PA 18801