Losing a loved one in a construction accident is hard enough on families, and filing a Workers’ Compensation claim shouldn’t add to the stress. We understand that no amount of money can make up for your loss, but these benefits can help ease the financial strain and give your family the support it needs to move forward.
At O’Connor Law, our construction Workers’ Compensation death claims lawyers in Brooklyn have 35 years of combined experience and recover millions annually in non-medical benefits for injured workers and their families.
Our Workers’ Compensation death claims lawyers in Brooklyn are ready to file your claim and handle the entire process so that you can honor your loved one’s memory in peace. Call us for a free consultation today.
How Does Filing a Workers’ Compensation Death Claim Work?
When a loved one dies in a construction-related accident, New York Workers’ Compensation law provides financial benefits to help dependent family members manage the loss. These benefits may include weekly payments, coverage for funeral expenses, and payment for medical care received before the worker’s death.
At O’Connor Law, our Workers’ Compensation lawyers in Brooklyn know how overwhelming this process can feel. That’s why we take care of the entire claims process, which includes:
- Notifying the employer: The employer should be notified of the worker’s death as soon as possible. We help families gather the required information and documentation to begin the claim process. Don’t worry; we’ll make sure it’s handled quickly and correctly.
- Gathering the necessary documentation: Our Brooklyn construction Workers’ Compensation death claims attorneys will help you collect and organize the required documents, such as the death certificate and employment records.
- Filing the claim: The claim must be submitted to the Workers’ Compensation Board within two years of the worker’s death, per Section 28 of the New York Workers’ Compensation Law. We’ll handle the paperwork and file your claim accurately and on time.
- Communicating with insurers: Insurance companies often try to minimize payouts or dispute claims. We take over all communication and negotiation with the insurance carrier, so you don’t have to deal with their tactics.
- Attending hearings, if necessary: If the claim is disputed, we will represent you at every hearing, presenting evidence and advocating for your family’s benefits. You’ll never have to face the Board alone.
From start to finish, we are here to fight for your family’s financial security.
What Challenges Do Families Face When Filing Construction Workers’ Compensation Death Claims?
Families often find filing a Workers’ Compensation death claim emotionally taxing and technically complicated. Even though Workers’ Compensation is designed to provide financial support to qualifying family members and dependents, insurance companies often deny claims or undervalue benefits.
For 16 years, our Brooklyn construction Workers’ Compensation death claims attorneys have served thousands of clients. We use insight from our founding attorney’s prior experience working for insurance carriers in workers’ compensation to help families through the following challenges.
Disputes Over the Cause of Death
Workers’ Compensation insurance carriers may argue that your loved one’s death was not sufficiently connected to the workplace or that the injury doesn’t meet their criteria for benefits.We gather all evidence needed to prove your claim, including medical records, accident reports, and employer documentation to link your loved one’s passing to the construction accident.
Dependency Disputes
Insurers may question whether a spouse, child, parent, or other relatives were financially dependent on the deceased worker at the time of the accident. Our team works to prove financial dependency by collecting necessary evidence, such as tax documents, pay stubs, or affidavits.
Incomplete or Inadequate Documentation
For many grieving families, identifying and organizing paperwork for a death claim can feel overwhelming and confusing. We compile and file all required paperwork for you so you don’t have to worry about delays or errors in your claim.
Brooklyn Construction Workers’ Compensation Lawyer Near Me (914) 595-4502
What Does a Workers’ Compensation Death Claim Cover?
When a loved one dies in a construction accident or from a work-related injury or illness, Workers’ Compensation death benefits can help support the family left behind. These benefits are designed to ease financial burdens during a difficult time.
A Workers’ Compensation death claim may cover:
- Weekly cash benefits for dependents: Eligible dependents, such as a spouse, children, or other qualifying family members reliant on the deceased worker’s income, may receive weekly payments, which are usually two-thirds of the worker’s average weekly wage before taxes, subject to New York’s maximum limits.
- Funeral and burial expenses: Workers’ Compensation can cover funeral and burial expenses up to $12,500 in New York City, including Brooklyn, helping families honor their loved ones without taking on additional financial strain.
- Medical expenses for work-related injuries or illnesses: If the worker received medical treatment related to the accident or illness before passing, Workers’ Compensation will cover the costs of approved care. This can include hospital bills, surgeries, medications, and more.
- Benefits for minor or disabled children: In cases where the deceased worker leaves behind children, minors may receive death benefits until they reach age 18, and full-time students may qualify until age 23.
Our Brooklyn construction Workers’ Compensation death claims attorneys are dedicated to helping your family cope in your loved one’s absence with the benefits you deserve.
Our Brooklyn Construction Workers’ Compensation Death Claims Attorneys Are Here for Your Family
At O’Connor Law, we are committed to handling the entire Workers’ Compensation death claims process for you, from meeting deadlines to dealing with insurance companies. With millions recovered annually for families like yours, we are here to guide you every step of the way.
You don’t have to face this alone. Call us for a free consultation today, and let us fight to secure the benefits your family deserves.
