Helping Loved Ones Recover After A Wrongful Death

In general, the New York state workers’ compensation law is designed to compensate injured workers for an injury on the job. However, in the tragic event that a workplace accident results in the death of the worker, the workers’ compensation law also provides for death benefits to the eligible decedents’ surviving spouse, children, parents and/or estate.

At the Steenberg Law Firm, we help clients exercise their rights to these benefits after losing a loved one to a workplace injury or illness. We know the hardships of these workers’ comp claims, and we offer our clients the delicate and compassionate representation they need in their claims.

Earning Full And Fair Compensation

Typically, death benefits include the cost of funeral and burial expenses (generally up to $10,500), along with weekly cash benefits to the decedent’s spouse, dependent children and other dependents. The amount payable to any death benefit recipient is based on the decedent’s wages while working (2/3 times the average weekly wage = weekly benefit amount). Aside from the decedent’s earnings, the death benefit also depends on what the decedent’s family composition was at the time of their death. This is outlined below.

Amount payable to decedent’s beneficiaries:

• Spouse w/ no children: 66(⅔)% + two-year lump sum upon remarriage
• Spouse and children: 36(⅔)% + two-year lump sum upon remarriage to the spouse, 30% shared equally to children
• Children w/ no spouse: 66(⅔)% shared equally
• No spouse or children; dependent grandchildren or sibling: 25% to each dependent until condition met
• No spouse or children; dependent parent or grandparent: 40% to each dependent during dependency
• No spouse, children or dependents: $50,000 to parents or to decedent’s estate
• Children are only covered until the age of 18 or the age of 23 if they go to college.

In the unfortunate event of a death on the job or as the result of an injury on the job, it can be common to assume there is no recourse by way of the workers’ compensation system. The decedent’s estate should understand the benefits they are able to pursue to help cope in such a difficult circumstance. The attorneys at the Steenberg Law Firm are here to assist you with compassion and empathy throughout that process.

Leave Your Claim To Us

If you have lost a loved one to a workplace injury, instead of juggling your grief and mourning with your compensation claim, let us help you. Contact our office by calling 716-558-2000 or email us here to schedule your initial consultation today.