Workers’ Comp and Death Benefits

  • Posted on: Jul 15 2021
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If you die due to an accident related to your job, you want to know that your family is protected. New York workers’ compensation laws do lay out how death benefits are awarded and what your family will receive. Here is some basic information about how New York provides for the families of those who lose their life while on the job.

Who Can Claim Workers’ Comp Death Benefits?

Anyone who is in your immediate family may be able to claim death benefits. This includes your spouse, children, and grandchildren. If you don’t have a family, your parents or even your grandparents can file a claim, as can your siblings. In the event that you have no immediate family, the executor of your estate may be able to file on behalf of the estate.

However, there are some rules in place that limit some of the above people’s eligibility. For example, your children must be under 18 unless they are a full-time student. If they are, the age limit is extended to 23. Otherwise, they are not eligible to claim death benefits unless they are permanently physically disabled and dependent on you. These same rules apply to your grandchildren and siblings. For parents/grandparents, the individual making the claim must be dependent on you.

What Benefits Are Paid Out?

Workers’ comp pays out two different benefits. First, your family will receive a lump sum for funeral expenses. This sum depends on where you live and other factors.

Second, the person who files for your death benefits will receive a monthly payment for as long as they are eligible. This payment is based off of your average weekly wage at the time of your death. There are a number of factors that play a part in how much the survivor receives and for how long. For example, your children will stop receiving payments when they turn 18 (or 23, if they are in college). Your spouse will stop receiving payments if they remarry.

If you would like to learn more about workers’ comp death benefits in New York or need assistance filing a claim, the team here at Maximum Orthopedics can help. We have years of experience assisting clients with workers’ comp claims. Reach out today to schedule an appointment.

Posted in: Blog, Workers Compensation Benefits

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