Losing a loved one is never easy. When a family member dies at work, it is especially shocking and upsetting. No matter how dangerous or mundane an occupation is, no one expects to die at work. Beyond the immediate emotional loss, the worker’s surviving spouse or children likely have financial fears. New York’s workers’ compensation laws do not and cannot address the heartache, anger, and sadness that comes with losing a family member to a workplace accident or occupational disease. However, the law does provide financial benefits for immediate family members in the hope that financial stability allows loved ones to heal without having to worry about making ends meet.
What Are Workers’ Compensation Death Benefits?
Workers’ compensation pays out survivor benefits to the spouse and dependent children of someone who dies due to their employment. The benefit is calculated using the workers’ wages in the same way as total disability for a workplace injury and is divided among the surviving spouse and dependent children. So, beneficiaries should collect an amount equal to two-thirds of the deceased worker’s average weekly wages for the 52 weeks before the accident. Also, the employer’s insurance carrier is responsible for reimbursing dependents for funeral expenses.
If a worker passes away and doesn’t have a spouse or children, the insurance carrier must pay $50,000 to the deceased worker’s estate.
How Long Do Survivor Benefits Last
Dependent children are any children of the deceased worker up to the age of 18, or up to age 23 if enrolled in an accredited educational institution. Children will receive a share of the weekly survivor benefits until they reach adulthood, at which time the surviving spouse receives the entire weekly amount.
If there is a surviving spouse, all benefits are payable to that surviving spouse for the rest of their life. However, these benefits will stop if the surviving spouse remarries. Upon remarriage, the surviving spouse is no longer entitled to ongoing payments, though the insurance carrier still must pay two years’ benefits in a lump sum.
How to File for Workers’ Benefits
To obtain survivor benefits, dependents must file a claim with the Workers’ Compensation Board. A raft of information will be collected to prove eligibility. Often, this requires multiple hearings before the Board, even if the insurance carrier doesn’t challenge the facts surrounding the workers’ death. These benefits can be lost if the application is not submitted in a timely manner or correctly, or if dependents fail to attend hearings.
When to Work With a Lawyer
Filing for survivor benefits is often complicated and stressful. It’s also even more difficult since dependents must handle these matters while also dealing with the difficult situation of losing a loved one. Attorneys at Lewis & Lewis can help you navigate this process with care and skill. We never charge for a consultation. The only fee we collect in a workers’ compensation survivor benefits claim comes from money we obtain on behalf of the survivors.
