Death Claim Benefits for Survivors

New York Death Claims Compensation Attorneys

When you lose a loved one, it is a very difficult time in general. And it can leave behind some financial repercussions, especially for someone who others depended on for their wages. However, in New York, when someone dies from a workplace accident or succumbs to an occupational illness, then the survivors may be eligible for benefits through death claims. So, if someone you know and loved died from a work related illness or injury, then you need workers compensation lawyers your can trust to help with the death claim. Obviously the loss of someone's life is tragic and cannot be made up with money. However, it does help ease some of the pain knowing that the loss is compensated fairly if the circumstances led to or influenced the death or illness.

Our Long Island law firm has years of experience handling all sorts of workers compensation cases. Our main office is in Patchogue, New York, but we have other law office across Long Island. These locations are Riverhead, Melville and Garden City. So please, do not hesitate to reach out if you have any questions about our legal representation and death claims in regards to workers compensation. Read on to learn more about death claims and how they work in New York State. Learn more by visiting New York State's workers compensation website.

Eligibility for Workers' Compensation Death Benefits

As you would expect, not everyone is eligible to collect benefits when someone loses their life to a workplace accident or disease. Here are the main survivors who can possibly receive the incoming death benefits.

  • Spouse
  • Children
  • Grandchildren
  • Parents
  • Grandparents
  • Siblings

So, in a nutshell, the spouse, children or grandchildren are the main people who will receive the benefits. However, if there are none, then it will fall to the parents, grandparents or siblings. The spouse is the first person on the list of potentially eligible family members. However, there are instances when they may not be entitled to the payments. One way for this to happen is if the deceased worker's spouse is divorced or abandoned the deceased prior to the death or illness.  In this case, the spouse will not collect the benefits.

New York Workers' Compensation Survivor Benefits

When it comes to the death compensation benefits in the state of New York, it is essentially compensation for weekly replacement payments. On top of that, the claimant may get a specified amount to help with the funeral costs. There are various factors that will ultimately determine the amount of money one collects on a weekly basis. In general, the total death benefits paid to survivors is usually two-thirds of the worker's average weekly wage for the previous year. However, this is subject to a maximum that is set by the Worker's Compensation Board.

When you turn to Gilbert, Blaszcyk & Milburn, you will get a team of lawyers that have years of experience helping others get the benefits they deserve! Learn more about how to file a claim for an occupational disease. You may be eligible to benefits if you got sick by simply doing your job!

The Division & Length of Death Payments

When it comes to the division of the death payments, there are various factors that lead into this. According to the specified state statute, the payments get divided among the worker's closest surviving relatives. It is important to note that this may change over time, which results in a redistribution of the payments. So having a lawyer who understands the depth of these claims can help solve the distribution and ensures that all parties get what they deserve.

Then we come to the length of the payment. When a worker dies on the job or dies due to an illness, then the surviving spouse may be eligible to collect weekly payments for the rest of their life. But of course there are exceptions. One common one is if the spouse remarries. In this case, the weekly payments will likely stop. Instead, there is a replacement with a lump-sum payment of two years worth of benefits.