When a worker dies on the job, eligible family members may be entitled to weekly compensation, funeral benefits, and additional support under New York workers’ comp law.

Who Qualifies for Workers’ Comp Death Benefits in New York?

When a worker dies due to a job-related injury or illness, New York law provides financial support to surviving family members. These workers' compensation survivor benefits aim to ease the economic burden left behind after a fatal workplace accident.

Primary Eligible Survivors

New York prioritizes certain family members when awarding death benefits. Those considered dependents under the law include:

• Spouse (until remarriage)
• Children under 18, or under 23 if full-time students
• Children of any age who are mentally or physically disabled
• Dependent parents, siblings, or grandparents, if no spouse or children exist

Eligibility is determined based on financial dependence and family relationship. In most cases, spouses and children are given priority, but extended family can receive benefits if no immediate dependents qualify.

What Benefits Are Available After a Work-Related Death in NY?

Survivor benefits in New York workers’ compensation cases generally fall into two categories: weekly cash payments and funeral expenses.

Weekly Compensation Benefits

Survivors are entitled to a portion of the deceased worker’s average weekly wage, capped by the state maximum. Specifically:

• Dependents receive two-thirds of the worker’s average weekly wage, subject to statewide limits set by the Workers’ Compensation Board.
• If multiple dependents exist, the amount is divided proportionally.
• The spouse may continue receiving benefits for life, unless they remarry.
• Upon remarriage, the spouse receives a two-year lump-sum settlement, after which benefits end.

These weekly payments are not taxable, providing much-needed stability during a financially disruptive time.

Funeral and Burial Expenses

New York allows reimbursement for burial and funeral costs, with the amount varying by location:

• Up to $12,500 in New York City, Nassau, Suffolk, Rockland, and Westchester Counties
• Up to $10,500 in all other counties

These reimbursements are separate from weekly survivor payments and are paid directly to the individual or business handling the funeral arrangements.

Filing a Workers’ Compensation Death Claim in New York

Timely and accurate filing is essential to secure survivor benefits. Family members must take specific steps to initiate the claim process.

Key Deadlines and Paperwork

1. Notice Requirement: The employer must be notified of the work-related death within 30 days.
2. Claim Filing: A Form C-62 (Claim for Compensation in Death Case) must be submitted to the Workers’ Compensation Board within two years of the date of death.

Failure to meet these deadlines may result in a denial of benefits, even if the claim itself is valid. It’s critical to retain documentation, medical records, and any proof that links the fatality to the person’s employment.

Medical and Employer Documentation

The Board will typically require:

• An autopsy report or medical certification showing the cause of death
• Employer documentation confirming the worker’s employment and the nature of their duties
• Wage statements to calculate weekly compensation

If there is disagreement about the cause of death, an independent medical examiner may be consulted.

Common Causes of Work-Related Deaths in NY and Benefit Triggers

While fatal accidents can occur in any job, certain industries see higher rates of workplace fatalities. According to the Bureau of Labor Statistics, New York’s most common fatal incidents involve:

• Construction accidents (falls, equipment malfunctions)
• Transportation incidents
• Exposure to hazardous materials
• Violence in the workplace

To qualify for workers' comp survivor benefits, the death must result directly from a work-related injury or illness. This includes occupational diseases like mesothelioma or COVID-19 complications if contracted through the job, although causation must be clearly established.

When Benefits Are Denied or Disputed

Not all claims are approved. Insurance carriers may challenge:

• Whether the death was truly job-related
• The dependent status of the survivor
• Timeliness of the filing

When a claim is denied, survivors have the right to request a hearing before a Workers’ Compensation Law Judge. Legal representation is often essential at this stage to present evidence and argue the case effectively.

Appealing a Denied Death Claim

If a judge denies the claim, survivors may appeal the decision to the Workers’ Compensation Board Panel. Further appeals may go to the Appellate Division of the New York Supreme Court.

Given the emotional and financial stakes involved, working with an attorney who specializes in workers' comp claims can significantly improve the odds of securing benefits.

Additional Financial Support Beyond Workers’ Comp

While workers’ compensation is the primary source of benefits after a work-related death, families may be entitled to other forms of financial assistance, including:

• Life insurance benefits, if the deceased had a policy through their employer or privately
• Social Security survivor benefits, particularly for minor children or spouses
• Third-party claims or wrongful death lawsuits, if the fatality involved a negligent third party (e.g., equipment manufacturer, contractor)

These options can provide additional compensation beyond what the workers’ comp system offers. However, pursuing civil litigation may affect the timing and coordination of benefits, so families should seek legal advice before moving forward with multiple claims.

Conclusion

Losing a loved one to a work-related accident is a devastating experience, both emotionally and financially. New York’s workers’ compensation survivor benefits exist to ease the burden on families by providing wage replacement, funeral cost reimbursement, and ongoing support for dependents. However, the process of claiming these benefits is governed by strict rules and timelines. Understanding your eligibility, filing correctly, and consulting with a knowledgeable attorney can make a critical difference in securing the full compensation you’re entitled to under the law.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.