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Worker’s Comp Death Benefits
However, we want to assure you that if one of your family members passed away in New York in a fatal work accident, you don’t have to try to handle the workers’ comp system by yourself. Our law firm, Hill & Moin, would like to do as much as we can to ease your suffering.
To show we care, we offer free workers’ compensation law consultations to employees and their families. Please call us at (212) 668-6000 or visit our website to leave us a brief message to learn how our firm’s experience can benefit you. Our legal professionals would also like to answer any questions you may have about eligibility and how to secure fair compensation for your needs.
How to Determine If You are Eligible to Collect Death Benefits
In New York, workers’ compensation provides injury and wrongful death benefits. To qualify, the accident must have happened at work or be related to work conditions. These benefits also cover funeral expenses for the employee’s family. In general, “family” is defined as:
- Spouses
- Children
- Grandchildren
- Parents
- Siblings
What if the deceased does not have a surviving spouse, minor children, or other close family members? Then, a fixed sum may be paid to his or her estate. An estate is composed of the deceased assets (e.g., bank accounts, property, jewelry). The law allows this payment to be passed on to beneficiaries of the person’s will or the next of kin.
How Much in Death Benefits You Can Expect to Receive
To calculate death benefits, use the average weekly wage of the deceased worker. A surviving spouse receives 66 and two-thirds percent if the couple did not have children together. Otherwise, the spouse gets 36 and two-thirds percent. The children share the remaining 30 percent equally.
If there is no spouse, the children share 66 and two-thirds percent. Dependent grandchildren or siblings can each claim 25 percent of the benefits of deceased employees when there are no surviving spouses or children.
Finally, if none of the above close family members can collect the death benefits, dependent parents or grandparents are each entitled to 40 percent of the decedent’s average weekly wage.
How to Get Compensation Death Benefits for Funeral Expenses
As a family member of someone who sustained a fatal injury at work, you may be concerned with the high costs of funeral services. Workers’ compensation death benefits can help you cover the cost of a memorial or funeral for your loved one, lifting the financial burden of a dignified service from your shoulders.
There is no limit to funeral expense benefits for volunteer or paid firefighters or police officers who died in the line of duty. Otherwise, the amount varies by county or job position:
- Civil defense volunteers – $750
- Volunteer ambulance workers or firefighters – $6,700
- Paid workers of the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester Counties – $12,500
- Paid workers of other New York counties – $10, 500
The first step of filing for benefits in the event of a work-related death is to fill out the appropriate claim form and submit it to the Workers’ Compensation Board.
- C-62: General claim for compensation
- VF-62: Claim for volunteer firefighter benefits
- VAW-62: Claim for volunteer ambulance workers
Next, you will prepare a sworn statement called an affidavit. In the statement, you will explain your relationship to and dependency on your loved one. You may also submit other documents, such as death or marriage certificates and funeral expense receipts, with your affidavit.
To prove the death was work-related, the Board may require medical records. If your family member was already receiving lost wages or disability payments for a work-related injury, you would need to prove that death eventually resulted from the original incident. By law, you must get affidavits notarized so that they are officially recognized as legal documents.
Notarization ensures that the information contained inside the affidavit is trustworthy. If you misrepresent facts, even accidentally, you can be convicted of workers’ compensation fraud. Breaking this law can result in you being charged with a felony punishable by fines and imprisonment.
Hill & Moin workers’ comp lawyers can help you prepare all your documents with confidence. Learn everything you will need to do during a free consultation with a professional. Our knowledgeable attorneys are available at (212) 668-6000.
How to Avoid Losing Your Workers’ Compensation Benefits
It would be a shame to lose out on the compensation you are due by missing necessary paperwork. Keep records of the health care the deceased worker received that was related to his or her work injury. Travel expenses to and from health care appointments may also be reimbursed, so keep track of your receipts for public transportation, taxis, or gas.
It is equally important to turn in everything on time. You will need to file your claim for a work injury or illness immediately. Submit your death claim within 2 years. However, if you are filing the death of a volunteer firefighter or ambulance worker, you must send notice to the liable political subdivision within 90 days.
In some cases, your benefits will automatically expire or change. You may be unable to prevent it, but you can learn the rules so that you are not caught by surprise. For instance, if you are the surviving spouse and you remarry, you will no longer receive weekly benefits. Instead, your claim will end with a final lump-sum of 2 years worth of benefits.
If you are worried that you may lose your benefits soon, you can find out the answers to your questions with a free workers’ comp insurance case evaluation. Talking with an experienced New York Hill & Moin attorney will give you the confidence you need to pursue your legal remedies for compensation.
Don’t worry about your rights! Call (212) 668-6000 today.