Losing a loved one to a work-related injury or illness brings shock, grief, and questions about financial security. Our Workers’ Compensation death claims lawyer in Yonkers can explain your rights and options under New York law.
At O’Connor Law, our Workers’ Compensation lawyers in Yonkers help spouses, children, and other eligible family members seek death benefits after fatal workplace incidents or occupational diseases in Yonkers and Westchester County. Our team handles filings, hearings, Board reviews, and related civil claims.
Call O’Connor Law today and schedule a free consultation. We have served thousands of clients, and recovered millions of dollars annually in non-medical benefits for injured workers.
Understanding Workers’ Compensation Death Benefits in Yonkers
New York Workers’ Compensation provides weekly cash benefits and funeral expense reimbursement when a covered worker dies from a job-related injury or illness. These benefits are payable to eligible dependents regardless of fault. In Yonkers, claims are filed with the New York State Workers’ Compensation Board (WCB), which oversees benefits statewide.
Death benefits generally equal up to two-thirds of the worker’s average weekly wage, subject to the statewide maximum in effect on the date of death. Payments continue according to each dependent’s status, such as a spouse or minor child. Funeral expenses are reimbursed up to statutory limits applicable in Westchester County.
If the worker’s death stemmed from an occupational disease, the same benefit structure applies. The timing rules can differ based on when the disease was discovered and linked to the job. Our Yonkers Workers’ Compensation death claims attorneys help you document work causation and meet all filing requirements.
Eligibility for Dependents and Beneficiaries Under New York Law
Under New York law, primary beneficiaries include a surviving spouse and minor children. Children may receive benefits until age 18, or up to 23 if they’re full-time students. A child with a qualifying permanent disability may receive benefits beyond standard age limits. Other dependents, such as financially dependent parents or grandchildren, may qualify in some cases.
A surviving spouse typically receives weekly payments, subject to remarriage rules. If a spouse remarries and there are no dependent children, the spouse may receive a two-year lump-sum payment, and then weekly benefits for that spouse end. When dependents include both a spouse and children, benefits are shared according to statutory rules.
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Filing a Yonkers Workers’ Compensation Death Claim
To start, dependents file a death claim with the WCB using the required forms and supporting documents. The employer and its insurance carrier must be notified, and medical proof must show that the death was work-related. We coordinate medical records and statements to connect the loss to the covered employment.
New York generally sets a two-year deadline from the date of death to file a claim. Occupational disease cases can involve timing rules tied to discovery and knowledge that the condition was work-related. It’s best to file promptly to secure benefits and reduce disputes over notice.
Yonkers cases are scheduled through the WCB’s hearing calendar, often in the White Plains district office for Westchester County matters. Our Yonkers Workers’ Compensation death claims lawyers attend each appearance and keep you updated on status, requirements, and next steps.
Evidence That Supports Your Family’s Claim in Yonkers
Strong documentation can shorten disputes and support full benefits. We gather records from the employer, wage documentation, medical evidence, and proof of dependency.
- Certified death certificate and autopsy findings, where applicable
- Medical reports linking the fatal injury or illness to work
- Employer incident reports and witness statements
- Payroll, tax returns, and proof of concurrent employment
- Marriage certificates, birth certificates, and student enrollment records
- Proof of financial support for other dependents
We also secure expert opinions when medical or occupational causation is contested. If surveillance or subrogation issues arise, we address them promptly and protect your rights.
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Disputes, Denials, and Hearings Before The New York Workers’ Compensation Board
Insurers often dispute whether a death is job-related, the correct average weekly wage, or who qualifies as a dependent. We anticipate these issues and present concise, well-supported arguments. If benefits are delayed, we can request a hearing and seek appropriate orders.
At hearings, a Workers’ Compensation Law Judge reviews evidence and testimony. The judge may make findings on compensability, dependency, and benefit rate. If the outcome is unfavorable, we can pursue an Application for Board Review and, where permitted, further review in the appellate courts after the Board issues its decision.
We address carrier requests for independent medical examinations and work to keep the record accurate and complete. Throughout the process, our focus is on securing timely payments for your family.
Third-Party Wrongful Death Lawsuits
Workers’ Compensation death benefits do not cover non-economic damages like grief or loss of companionship. If a negligent third party contributed to the death, such as a property owner, equipment manufacturer, or subcontractor, you may also bring a wrongful death action. That civil claim can pursue damages that Workers’ Compensation does not pay.
When both claims proceed, the Workers’ Compensation insurer may assert a lien on the third-party recovery for benefits paid. We coordinate both matters to maximize your family’s net recovery and manage lien and offset issues. This dual-track approach is common after construction accidents, defective equipment incidents, or roadway crashes.
Deadlines differ between the Workers’ Compensation claim and the wrongful death lawsuit. We calendar every cutoff date to keep both matters moving without conflict.
What Our Yonkers Law Firm Does for Your Family
We handle every procedural step so you can focus on your family. That includes filing forms, collecting and organizing records, scheduling and preparing for hearings, and handling appeals if needed. We also communicate with the carrier to push for timely decisions and payments.
Our Yonkers Workers’ Compensation death claims attorneys build the case for causation, eligibility, and the highest lawful weekly rate. We work with medical providers and, when appropriate, independent experts to support your claim. If a third-party case exists, we coordinate with our civil litigation team or co-counsel.
Let Our Yonkers Workers’ Compensation Death Claims Attorney Assist You
If you’ve lost a loved one to a work injury or occupational disease, you don’t have to handle the process alone. As Workers’ Compensation death benefits lawyers in Yonkers, we help families pursue weekly payments, funeral expenses, and related civil claims. A timely start helps protect your rights.
We are ready to review your case, gather the right records, and represent you. If a third party bears fault, we can also discuss a wrongful death claim while your benefits continue. Contact us to speak with our team and map out next steps today.
