Losing a loved one to a job-related incident is devastating. Our Workers’ Compensation death claims lawyer in Brooklyn offers clear guidance to help eligible family members file a claim.
At O’Connor Law, our Workers’ Compensation lawyers in Brooklyn help surviving spouses, children, parents, and dependents pursue New York Workers’ Compensation death benefits in Brooklyn.
Our team handles filings, disputed claims, hearings, and related wrongful death claim matters. Our firm recovers millions annually in non-medical benefits for injured workers. Call us today for a free initial consultation.
Our Workers’ Compensation Death Claims Attorneys in Brooklyn Offer Families Compassionate Care
You may be facing sudden expenses, confusing forms, and a claims process that feels cold. We provide steady guidance, clear timelines, and focused advocacy so you know what to expect at each stage.
Our Brooklyn Workers’ Compensation death claims attorneys coordinate with the New York Workers’ Compensation Board (WCB), employers, and insurers. We gather proof of dependency, obtain medical support, and press for weekly benefits and funeral costs without delay.
Who Qualifies for Workers’ Compensation Death Benefits in Brooklyn
The New York Workers’ Compensation Law provides weekly cash benefits to certain dependents after a work-related death. Eligible beneficiaries typically include a surviving spouse, minor children, and full-time students under age 23. A child with a qualifying permanent disability can receive benefits beyond standard age limits.
If there is no spouse or child, benefits may flow to other dependents, such as dependent parents or siblings, based on financial reliance. If there are no dependents at all, New York law requires a fixed payment to the Special Funds Conservation Committee rather than payment to the worker’s estate.
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What Death Benefits Cover in Brooklyn Workers’ Compensation Cases
Weekly cash benefits are generally two-thirds of the worker’s average weekly wage, up to the statewide cap set by New York for the applicable date of death. If a spouse remarries, the spouse may receive a two-year lump sum at that time, while benefits for eligible children can continue.
The insurer also pays funeral and burial expenses up to the New York City district maximum. Medical costs related to the injury or illness before death are typically covered as well.
Filing a Workers’ Compensation Death Claim in Brooklyn
The process starts by notifying the employer of the death as soon as possible and collecting records that show the work connection. We help prepare and submit the WCB forms, obtain proof of death and burial, and assemble dependency documentation for eligible family members.
Our Brooklyn Workers’ Compensation death claims lawyers track the claim through the appropriate WCB office and push for prompt awards. If the insurer disputes the claim, we represent you at hearings and present medical and factual evidence supporting causation and dependency.
Time Limits and Required New York Forms
New York generally requires that a death claim be filed within two years of the date of death. Key filings often include the WCB Claim for Compensation in Death Case, physician certification, and proof-of-burial forms, along with documents demonstrating the relationship and financial dependency.
Employers must also report the incident, and the insurer investigates. We coordinate the paperwork, meet deadlines, and respond to requests so the Board has a complete record to act on.
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Proving Work-Related Causation Under New York Law
To qualify for benefits, the death must arise out of and in the course of employment. Clear cases include traumatic events like falls, crush injuries, or machinery incidents at a Brooklyn jobsite. Other cases involve occupational diseases, toxic exposures, or cardiac events where medical proof is central.
We work with treating doctors and independent medical specialists to link the death to job duties or exposure. Workplace reports, witness statements, OSHA findings, and prior claim records can also support the causal connection.
Third-Party Wrongful Death Claims Linked to Brooklyn Work Accidents
Workers’ Compensation death benefits do not cover pain and suffering, but you may have a separate third-party case that includes wrongful death damages for surviving family members and, where applicable, survival damages for the decedent’s conscious pain and suffering.
Common examples include claims against property owners, general contractors, subcontractors, or equipment manufacturers.
If a third-party case is viable, we coordinate both claims to protect your right to Workers’ Compensation benefits while pursuing additional damages. We also handle lien and offset issues so your net recovery is protected under New York law.
How Our Brooklyn Law Firm Manages Your Death Benefits Case
We start with a detailed intake to confirm eligibility, identify all potential beneficiaries, and outline a roadmap. Then we obtain medical records, wage data, dependency documents, and proof of funeral expenses to support a prompt award.
Throughout the case, we keep you informed with clear updates and next steps. If a hearing is scheduled, we prepare testimony and exhibits and present your case to the Law Judge with focused, fact-based advocacy.
What To Do in the First Week After a Fatal Work Accident in Brooklyn
Taking a few focused steps early can strengthen your claim and reduce delays.
- Notify the employer in writing and request the insurer’s claim information.
- Gather key documents: marriage certificate, birth certificates, and any tax returns.
- Secure medical and incident records, including hospital and EMS reports.
- Obtain funeral and burial invoices and receipts from the service provider.
- Keep a log of all communications and deadlines you receive.
- Speak with a Brooklyn Workers’ Compensation death attorney before signing any releases.
Contact Us About a Brooklyn Workers’ Compensation Death Claim
If you lost a loved one to a job-related incident in Brooklyn, we are ready to help your family pursue the benefits the law provides. Contact us to review eligibility, deadlines, and options for both Workers’ Compensation death benefits and any related third-party claims.
Let’s talk about your next steps and how we can help move your case forward today.
