Losing a loved one due to a workplace accident is devastating. Our workers’ compensation death claims lawyer in New York City helps spouses, children, and dependent relatives pursue survivor benefits under New York law.
Our Workers’ Compensation lawyers in New York City handle death claims from initial filing to hearings, Board review, and settlements. Our team at O’Connor Law assists with wage records, dependency proof, funeral expenses, and disputes about causation or eligibility.
Our firm recovers millions annually in non-medical benefits for injured workers. Call O’Connor Law for a free consultation.
Our New York City Workers’ Compensation Death Claims Lawyers Offer Compassionate Services
Families in New York City face unique questions after a fatal workplace accident or occupational disease. We guide survivors through New York Workers’ Compensation Board procedures with clear steps and regular updates. You can focus on your family while we pursue benefits.
Our New York City Workers’ Compensation attorneys represent spouses, children, parents, and other dependents in all five boroughs. Whether the death followed a construction incident, a transportation crash, or long-term exposure, we build the claim with the records the Board expects.
If the employer or insurer disputes the claim, we prepare medical, wage, and dependency proof for hearings. If another firm is handling a related wrongful death case, we coordinate to protect your Workers’ Compensation benefits.
Who Qualifies for Workers’ Compensation Death Benefits In New York City
In NYC, death benefits may be payable to a surviving spouse, minor children, and other qualifying dependents. Children may receive benefits until age 18, or up to 23 if enrolled full-time in an accredited program. Permanently disabled children may receive benefits for a longer period.
If there is a surviving spouse and no children, the spouse can receive weekly benefits, subject to remarriage rules. On remarriage, New York law provides a two-year lump-sum payment in place of ongoing weekly payments.
If there are no eligible dependents, New York law requires a $50,000 payment to the Special Funds Conservation Committee rather than payment to the worker’s estate.
Our New York City Workers’ Compensation death claims lawyers review your family structure to confirm eligibility and secure documentation early.
New York City Workers’ Compensation Death Claims Lawyer Near Me (914) 595-4502
What Benefits Can Surviving Families Receive In NYC
Weekly cash benefits are generally up to two-thirds of what you made before taxes, up to the statewide maximum in effect on the date of death. The exact weekly amount depends on the wage records and the number of dependents.
Funeral and burial expenses are reimbursable up to statutory limits. In New York City counties, funeral benefits can be reimbursed up to $12,500, subject to the applicable date-of-death rules.
We also help families ensure that authorized medical care related to the final injury or illness is properly covered by Workers’ Compensation.
In Workers’ Compensation, medical care is fully paid by the insurance carrier for preapproved treatment. No one should pay out of pocket for approved care. If there are disputes over causation or coverage, we gather medical opinions to support the claim.
How To File A Workers’ Compensation Death Claim In New York City
A dependent typically files Form C-62 (Claim for Compensation in Death Case) with the Workers’ Compensation Board. The doctor completes Form C-64, and the funeral provider completes Form C-65. We prepare and file these forms, along with wage and dependency proof.
You should give prompt notice of the fatal accident or occupational disease to the employer. Even if the employer already knows, we confirm notice in writing and keep proof for the file.
The insurer must accept or dispute the claim. If there is a dispute, the Board sets hearings where we present testimony, medical opinions, and financial records to support benefits.
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Deadlines, Notice, and Statutes of Limitations in NYC Workers’ Compensation Death Claims
New York generally requires filing a death claim within two years of the date of death. There are also notice requirements to the employer, typically within 30 days, so early action helps protect the case.
If the death resulted from an occupational disease, the filing period may run from the date of death linked to the disease. We track these dates to avoid time-bar issues.
If you receive a denial or a partial award, you have short windows to request review. We handle Board review deadlines promptly so you do not miss your opportunity.
How Our New York City Death Claim Attorneys Help Your Family
We investigate the workplace event, obtain payroll and union records, and secure medical opinions that link the death to work. Then we file the claim, prepare you for hearings, and present the evidence the Board needs.
Our NYC Workers’ Compensation death benefits team also evaluates any potential third-party claim. This preserves your rights to both weekly benefits and civil damages where available.
The Workers’ Compensation Law Judge approves attorney fees in Workers’ Compensation. We only receive a payment when there is a monetary award in your case. We explain fee requests before hearings so there are no surprises.
Third-Party Wrongful Death Claims Alongside NYC Workers’ Compensation
Many NYC cases involve a negligent third party, such as a property owner, subcontractor, driver, or equipment manufacturer. You may pursue a wrongful death lawsuit while also receiving Workers’ Compensation benefits.
Resolutions in a third-party case interact with your Workers’ Compensation benefits through a lien and credit. You must obtain the carrier’s written consent or a judicial compromise order before resolving the third-party case.
We coordinate both tracks to protect your benefits, address the lien, and seek the strongest net recovery. If another firm is handling the wrongful death case, we work in step with them.
Start Your NYC Workers’ Compensation Death Claim Today
If your family lost a loved one to a work accident or occupational disease in New York City, you do not have to handle the claim alone. We help spouses, children, and dependent relatives pursue weekly benefits, funeral costs, and any related third-party recovery.
Contact us to discuss your situation, deadlines, and next steps. We offer a free case review and will move quickly to protect your rights.
