Go to navigation Go to content
Toll-Free: 800.310.5520
Phone: 718.701.2776
The Law Offices of Frank J. Dito, Jr.

New York Workers Compensation Death Benefits

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

The death of a loved one is difficult no matter the circumstance, but when the family was dependant on his or her income, it can lead to major financial problems.  New York workers often face dangers on the job and these hazards can lead to death.  Under New York workers’ compensation laws, benefits are available for the surviving family members.

According to New York workers’ comp law, if a worker succumbs to a compensable injury, which is one that is covered by workers’ compensation insurance, then his or her dependants may be eligible for weekly benefits.  Dependants may include a spouse, minor child or other family member.  The weekly benefits are calculated at two-thirds of the deceased worker’s average weekly wages for twelve months prior to the fatal work accident.  The death benefits paid to the surviving dependants will not exceed the weekly maximum, even if there are a number of dependents.

If the deceased worker did not have any immediate family, such as a spouse, children, grandchildren, grandparents or other relatives who would qualify, then the benefits may be paid to his or her parents or estate.  In this situation, the parents would be able to recover compensation that equates to a one-time payment, which may include funeral expenses.

When applying for New York workers’ compensation death benefits, an application will need to be completed and supporting documentation will need to be provided.  This documentation includes a medical report from the physician who treated the deceased worker, a copy of the death certificate, proof of the relationship to the deceased worker and an itemized funeral bill.

If your loved one has been killed on the job, you do not have to navigate the complex New York workers’ compensation system alone.  A New York workers compensation lawyer at The Law Offices of Frank J. Dito, Jr., will be able to help you during this difficult time.  Contact us today at 718-701-2776 or toll free at 800-310-5520 for a legal consultation.