Death Benefits

What Happens if a Family Member is Killed at Work?

If you are the spouse or dependent of an injured worker who dies as a result of an on-the-job injury, you are entitled to bring a separate claim for his or her death.

The spousal benefit is two-thirds of the deceased’s average weekly wage, up to the maximum rate on the date of death, if there are no children. The spousal benefit lasts until remarriage. There is also a benefit to cover funeral expenses. The amount of this depends on where you live in New York State.

If the decedent had children, the benefit is divided between the children and surviving spouse. The child may receive benefits until age 23 if in college. If not in college, the child benefits end at age 18.

If a person dies in a work-related injury or as a result of the injury without a spouse or dependents, the law provides a benefit for funeral expenses, as well as a onetime, monetary payment called a “Non-Dependent Death Benefit” in the sum of $50,000. This payment is made to surviving family members as defined by the New York State Surrogate Court Act.

Many times, an injured worker suffers an injury but does not die as a result of the injury until later. Thus, two Workers’ Compensation cases exist:

• The lifetime case, and
• The death case.

To have a successful death case, the medical evidence must support the proposition that a connection exists between the compensable injury and the death.