What Happens If You Die in a Work-Related Accident?
Under New York law, if you are injured on the job, you have a right to seek workers’ compensation benefits to cover lost wages and to pay for medical care. But what happens if you are killed in a work-related accident? Do your dependents have any recourse for loss of support or loss of companionship/consortium? The answer is yes.
Pursuant to New York’s workers’ compensation statute, in the event you die in a job-related incident, a claim can be filed by your spouse, your children or your estate. Furthermore, the parents of a person killed in a work accident may be eligible for what is known as a “no-dependency award” if the deceased had no wife or children. The parents would also be entitled to a certain amount for funeral expenses.
It’s important to understand that you may be able to pursue a death benefit, even if your loved one was not killed at work, if it can be established that the death was work related. For example, the death may have been from an occupational disease. Our office has also successfully obtained a death benefit for the family of a worker who died of an overdose of medication he was taking for work-induced depression.
Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers
At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.
Pyrros & Serres LLP
Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys