Losing a loved one on a jobsite is overwhelming. If you are searching for a New York City construction workers’ compensation death claims lawyer, you’re already taking a careful step for your family’s future. We help surviving spouses, children, and other dependents after fatal construction accidents across New York City.
Since 2009, the Workers’ Compensation lawyers at O’Connor Law have represented families in New York City who have lost a loved one in a construction-related work accident and need guidance through the Workers’ Compensation death benefits process. Schedule a free consultation with one of our New York City workers’ compensation death claims lawyers today.
Who Qualifies as a Dependent in New York City Construction Fatalities
Dependents typically include a surviving spouse and minor children. In New York, children generally receive benefits until age 18, or up to age 23 if enrolled as full-time students. Children with certain disabilities may receive longer support.
If there is no spouse or child, other dependents, such as parents, stepchildren, or siblings, may qualify if they relied on the worker’s income. Domestic partners may be eligible depending on documented financial dependence and living arrangements.
If a surviving spouse later remarries and there are no minor children, the spouse usually receives a two-year lump-sum payment, and weekly benefits end. When children are involved, the distribution of weekly benefits may change to reflect their needs.
Benefits Available in New York City Construction Workers’ Compensation Death Claims
Death benefits in New York generally provide weekly cash equal to two-thirds of the worker’s average weekly wage (AWW), subject to the statewide maximum set each July. These payments are shared among eligible dependents based on the law and any orders from the Workers’ Compensation Board. The law also pays funeral expenses up to a statutory cap.
Weekly benefits are paid for as long as the law allows, which can mean the life of a surviving spouse and until eligible children reach the age threshold (or complete full-time studies). If there are no qualifying dependents, limited benefits may be available to the estate.
Benefits begin after the insurer accepts the claim or the Board issues an award. If the insurer disputes the claim, we prepare for hearings and present medical, wage, and dependency proof.
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Filing a Construction Workers’ Comp Death Claim in New York City: Steps and Deadlines
New York sets short timelines. The family should notify the employer as soon as possible, and a formal death claim must be filed with the Workers’ Compensation Board within two years of the death. Multiple forms and proofs are required, including medical and wage documentation. When filing a claim, you should:
- Gather documents, including the death certificate, autopsy (if available), medical records, payroll, and proof of relationship/dependency.
- Notify the employer and request insurance information for the workers’ compensation carrier.
- File the claim with the Board (e.g., Form C-62 for dependents, physician’s certification, funeral bill).
- Track insurer deadlines and Board hearing dates; request translation or accommodations if needed.
- Respond promptly to any requests for more information or independent medical exams.
Our construction Workers’ Compensation death claims attorneys in New York City handle filings, deadlines, and hearing appearances for families, and we coordinate with union representatives and funeral providers where helpful.
Third-Party Liability After a Fatal Construction Accident in New York City
Workers’ compensation death benefits do not cover wrongful death damages like pain and suffering. If a property owner, general contractor, subcontractor, manufacturer, or other entity contributed to the accident, a separate lawsuit may be available. In New York construction cases, Labor Law 240(1) and 241(6) often apply to elevation-related and safety violations.
If a third-party case is filed, the workers’ compensation insurer typically has a lien on portions of that recovery, and there may be credits that affect future weekly payments. Coordinating both claims can increase total recovery while managing lien and offset issues lawfully.
We evaluate whether a third-party case exists and, when needed, work with trusted trial counsel to pursue wrongful death and survival claims in tandem with your workers’ compensation case.
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Evidence We Use To Build a New York City Construction Death Claim
Strong claims start with clear proof of the accident, wages, and dependency. We obtain employer accident reports, witness statements, site safety plans, and photos or videos from cameras or phones. Occupational Safety and Health Administration (OSHA) and NYC Department of Buildings records can add detail about violations and causation.
Medical evidence connects the fatality to the work event or occupational exposure. We work with treating doctors and specialists, and we request complete records, including emergency response logs.
Income proof can be layered in construction. We gather union books, certified payroll, W-2s, 1099s, and evidence of concurrent employment to support a higher, accurate AWW under New York law.
How Our Construction Workers’ Compensation Death Claims Attorneys in New York City Help Families After a Fatal Accident
We take on the legal burden so you can focus on your family. Our NYC workers’ compensation death benefits lawyers prepare filings, present your case at hearings, and push for timely weekly payments and funeral reimbursements.
When a third-party case is available, we coordinate both tracks, manage lien issues, and aim to maximize your total recovery. You receive clear updates at every stage in plain language.
If language access or document gathering is a concern, we arrange interpreters and help collect the records needed to move your case forward.
Fees, Costs, and How We Get Paid in New York City Workers’ Comp Death Matters
In New York workers’ compensation cases, attorney fees are awarded by the Workers’ Compensation Board from the benefits obtained. You do not pay fees upfront. We explain any fee awarded and how it is calculated before it is submitted to the Board.
Case costs, such as medical records or expert reports, are discussed in advance. We aim to keep costs reasonable and proportional to the benefits at stake.
If a third-party wrongful death case is also pursued, that matter is typically handled on a contingency basis, and we outline those terms in writing before any work begins.
Get Help From a Construction Workers’ Compensation Death Claims Lawyer Serving New York City Today
You do not have to manage deadlines, forms, and hearings alone. At O’Connor Law, we guide families through New York City workers’ compensation death claims and, when available, related third-party actions to pursue the full recovery the law allows. With over 35 years of combined experience, we have a thorough understanding of how these claims are handled.
Contact us today to schedule a free consultation. We will review your situation, explain your options, and move quickly to protect your rights and benefits.
