He was the most hardworking person you knew, the first to arrive on the job and the last to leave. He was the one to work overtime to get the job done. He embodied the New York spirit.
Perhaps he was an immigrant who came to the concrete jungle to make a better life for his family. You never went without a thing, as he always ensured you had everything you needed.
Now he’s gone. The emotional void is palpable, but the financial void is deafening, too. The primary breadwinner is gone, but the bills remain. Picking up the pieces will be challenging, but we are here to help.
The lawyers at O’Connor Law know that grieving family members often have a lot on their plates after a loved one passes away and that navigating the paperwork and procedures required to obtain death benefits can leave them exhausted and overburdened. When you work with us, we’ll ensure that everything is done correctly from the beginning to produce a successful claim.
Workers Compensation Pays For Benefits Upon Death in the State of New York
The New York workers’ compensation legislation provides death payments if a work-related injury results in death. This is enshrined in the NY Workers Compensation Law §16. It is understood that the loss of a family member due to a workplace accident will result in a gap in family wages.
Fatality can be said to be work-related if it results from a specific accident or occupational disease, or condition. A New York State Workers’ Compensation Board oversees the administration of compensation.
Potential Causes of Death
Death on the job can happen as a result of:
- A fatal catastrophe that occurs suddenly and without warning;
- Complications from the injury that lead to death after receiving medical attention for a while; and
- The accident’s cumulative effects and a condition’s deterioration over time lead to death later.
Calculation of Workers Compensation Death Benefits in New York
Knowing how death benefits are distributed is necessary to understand how workers’ compensation is determined in the event of a death. Depending on your connection to the deceased and whether other potential beneficiaries exist, various beneficiaries are entitled to varying sums.
The deceased’s dependents may be eligible to receive weekly payments if they pass away at work due to an injury that occurred in the course of that person’s employment. Two-thirds of the person’s average weekly earnings for the year before death would be covered by the weekly payments. The weekly benefit amount is limited to a set amount.
The surviving spouse will get this ⅔ of the deceased’s average weekly wage each week until death or remarriage if there are no dependent children and the deceased leaves behind a spouse. The spouse is entitled to a lump sum payout upon remarriage equal to two years’ worth of the deceased’s average weekly wage.
If a deceased person leaves behind one or more dependent children but no spouse, the dependent children will split the ⅔ equally each week. The spouse will receive ⅔ of the average weekly wage per week if the deceased leaves behind a spouse and one or more dependent children, and the remaining 30% will be divided among the dependent children.
Calculations of benefits can get quite complicated. It’s best to touch base with a death benefits attorney in New York to discuss your specific circumstances.
