Workers’ Compensation Death Benefits in New York

Workers’ Comp Death Benefits for Surviving Family Members

No personal loss is as serious and life changing as the death of a close family member. This is especially true for surviving relatives who depended on that person for financial support.

If a worker loses his or her life as a result of a work-related injury or illness, the New York Workers’ Compensation Law provides the worker’s surviving relatives with financial support. To learn more about workers’ compensation death benefits, and whether you may be eligible to file a claim, reach out to our team at Schotter Millican, LLP. For years, our attorneys have been representing clients in Brooklyn, Manhattan, Queens, and communities throughout New York City. Our workers’ compensation attorneys have a long history of supporting injured workers and helping them secure the rightful benefits they were owed.

On This Page:

• Eligibility for Death Benefits
• When Does a Death Qualify Under Workers' Comp?
• Understanding Death Benefits
• Compassionate and Personalized Guidance

Contact Schotter Millican online or call (718) 550-0610 for a free case review with one of our New York City death benefits lawyers.

Who Is Eligible for Workers’ Compensation Death Benefits in New York?

The New York Workers’ Compensation Law outlines who may receive death benefits through workers' compensation after the loss of a loved one due to a workplace accident or job-related injury or illness.

Under the state’s workers’ compensation laws, the following people may file a claim for death benefits and receive compensation for the death of a loved one at work:

• The spouse of the deceased
• Children of the deceased who were under the age of 18 at the time of death
• Children of any age who were totally blind or physically disabled at the time of death and whose disablement is total and permanent
• Grandchildren and siblings of the deceased who were under the age of 18 and wholly or partially dependent on the deceased for support at the time of death
• Parents and grandparents of the deceased who were wholly or partially dependent on the deceased for support at the time of death
• Children of the deceased, dependent grandchildren, and dependent siblings of the deceased under the age of 23 who are enrolled and attending any accredited educational institution full-time, when the death occurred on or after January 1, 1978

When Does Workers' Comp Cover Death?

For an employee death to be “compensable,” meaning it qualifies eligible individuals for workers’ compensation death benefits, the death must be work-related. Fatal on-the-job accidents, as well as occupational exposure, illness, and injury generally all qualify for workers’ compensation death benefits. Essentially, if your loved one would have been able to file for workers’ compensation benefits due to his or her injuries or illness had he or she lived, and you are an eligible relative of the deceased, you likely have grounds to file a claim.

If you are unsure whether you are eligible to file for your loved one's death at work, call our New York City death benefits attorneys at Schotter Millican, LLP.

Navigating the waters after the death of an employee can be challenging. We can answer your questions and provide the information you need to move forward with your case during a no-cost, no-obligation consultation.

What Are Death Benefits and How Much Does Workers' Comp Pay for Death?

New York workers’ compensation death benefits entitle the surviving relative(s) to:

• For surviving dependents: weekly workers’ compensation payments at the same rate the deceased would have received had he or she lived
• For surviving parents where there are no surviving dependents: $50,000.00
• For all eligible claimants: coverage of funeral expenses up to $6,000.00 in New York City and up to $5,000.00 outside New York City

At Schotter Millican, LLP, we understand how difficult it can be to get back on your feet after the tragic and unexpected loss of a loved one. In addition to the emotional distress and trauma you have endured, you may be facing significant financial hardships. Our attorneys work tirelessly to maximize our clients’ recoveries; our goal is to recover every penny you are lawfully owed so that you can navigate the healing process.