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What Are New York State Workers’ Compensation Death Benefits?

In New York State, relatives can receive death benefits if their loved one dies at work. A surviving spouse, children, siblings, or the residual estate of the deceased can receive death benefits. However, death benefits do not flow automatically to the decedent’s survivors.

First, it must be established that the death occurred as a result of or in the course of the deceased’s employment. In addition, the death must have occurred from a compensable injury, or an injury that is covered under New York Workers’ Compensation law.

The law is codified as Workers’ Compensation Law Article 2, §16.

If an individual dies at work from a compensable injury and that injury arose out of the deceased person’s course of employment then his or her dependents might be entitled to receive weekly benefits as a result. The weekly benefits would be equal to two-thirds (2/3) of the decedent’s average weekly wage for the year prior to the death. The weekly benefit amount is capped at a certain amount and therefore any benefits that the family receives cannot exceed a statutory maximum amount despite the number of dependents that remain.

If a person dies at work from a compensable injury and that person does not have any surviving, immediate family or relatives such a spouse, children, grandchildren, or siblings, then the decedent’s surviving parents or estate would be able to receive a lump sum payment of $50,000 along with money to cover funeral expenses amounting to either $6,000 or $5,000 depending upon where they lived. Although death is always a traumatic event and one that changes the lives of the deceased’s family forever, the law in New York may provide the families of people who die in the course of their employment with some financial respite to help get them through the loss.

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This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

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Learn More About New York Workers’ Compensation Defense at LOIS

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

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