While no one wants to think about the possibility of a workplace death, it's important to know what your rights are in the event of such an occurrence. In New York, workers' compensation can provide benefits to dependents or heirs of a deceased employee if their death occurred during the course of their employment. Understanding the parameters involved, though, is critical to ensure that you're getting the protections you deserve. In this blog post, we'll dive into the details of when a death qualifies under workers' compensation in New York and how the process works.
When a Death Qualifies For Workers' Compensation in New York
To begin, it's important to note that not all workplace deaths qualify for workers' compensation. If an employee dies as a result of their own misconduct, such as drug or alcohol use on the job, workers' compensation likely won't apply. However, if the death occurred as a direct result of the job duties, such as due to a workplace accident or other hazard related to the job, it may be covered.
Under New York law, specific family members of the deceased employee may receive benefits through workers' compensation, including a spouse, children, or other dependents. These benefits can vary based on factors such as the employee's salary and other circumstances related to the death.
Once an employee is deceased, their family or dependents should report the loss to their employer as soon as possible. The employer will then contact their workers' compensation insurance provider to initiate a claim.
From there, a claims adjuster will investigate the circumstances surrounding the employee's death to determine if it falls under the workers' compensation program. The adjuster will gather information such as medical records, police reports, and other documentation related to the incident.
If the claim is approved, the family or dependents may receive a range of benefits, including funeral expenses, income replacement, and ongoing support depending on the particulars of the case.
Contact Our Attorneys at Schotter Millican, LLP
While the topic of workplace death is a difficult one, it's crucial to understand when workers' compensation applies and what benefits you may be entitled to as a dependent or heir of a deceased employee. By recognizing the various parameters involved in these cases, you can better navigate the process and ensure that you're receiving the protections that you and your loved ones deserve.
If you have any questions or concerns, it's always a good idea to speak with an experienced attorney at Schotter Millican, LLP who can guide you through the process and help you understand your options. (718) 550-0610