A retired Buffalo Police Lieutenant was fatally shot after a gunman unloaded fire at a local Buffalo supermarket on Saturday, May 14th. Aaron Salter Jr., who was working as a security guard at the supermarket was said to have confronted the gunman in a brave act to protect the store’s patrons. In this article we discuss what benefits Mr. Salter’s family may be entitled to under New York State’s workers’ compensation laws.
Under New York State law, workers and their family members may only be entitled to workers’ compensation if the injury suffered is classified as a “compensable injury”. A compensable injury is an injury that is suffered by an employee while performing a task that falls within the scope of their employment. In the case of Mr. Salter, who was acting in his capacity as the supermarket’s security guard at the time he was fatally shot by the gunman, it is clear that his death falls within the scope of what is a compensable injury under New York law.
Since Mr. Salter’s death qualifies as a compensable injury under New York law, his family members will be entitled to certain benefits. The families of those workers who have lost their lives from a compensable injury are entitled to weekly cash benefits. The amount of the weekly cash benefits that these family members may receive are limited to two-thirds of the deceased worker’s average weekly wage for the 52 weeks prior to the injury.
Qualifying family members are limited to surviving spouses and minor children and if the deceased worker did not have a surviving spouse or minor child at the time of the accident, any surviving parent or the estate of the deceased may be entitled to payment of up to $50,000.
New York workers’ compensation laws cover funeral and memorial-related expenses up to a certain amount depending on the county. The estate of the deceased may be entitled to up to $12,500 in Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties. In all other counties expenses may not exceed $10,500.
The New York State workers’ compensation laws provide compensation to family members who have lost a loved one while on the job. When tragedies like the Buffalo shooting occur, New York citizens should know their rights under the law and what compensation they may be entitled to receive. It is likely that Mr. Salter’s family may receive two-thirds of his average weekly compensation and a lump sum payment to cover costs incurred for memorial services.
If a loved one has lost their life while on the job, contact our experienced workers’ compensation lawyer in NYC to ensure that your rights to full compensation are protected. Call our workers’ comp law firm to schedule a FREE consultation to learn more about your rights and how we can help you by dialing (914) 595-4502 or by sending us a private message through our “Contact Us” box available here.