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Your Right to Death Benefits in a Workers’ Compensation Case

You Have a Right to Pursue Death Benefits When a Family Member is Killed on the Job

Under the New York workers’ compensation laws, when you are hurt on the job or contract an illness because of exposure to toxic conditions or substances at work, you have a right to pursue temporary or permanent benefits. But what if the injury is fatal? Do your survivors have a right to seek death benefits in a workers’ compensation claim? The answer—a resounding yes!!

When a worker dies from work-related injuries, his or her spouse has a right to seek compensation for the death in a workers’ compensation proceeding. If there is no surviving spouse, dependent children or parents may pursue damages, and, in the absence of parents, children or a spouse, the deceased’s estate may seek death benefits.

As a general rule, a surviving spouse can typically anticipate receiving monthly workers’ compensation benefits for the rest of his or her life, unless he or she remarries. In those situations, the surviving spouse is entitled to a lump sum payment of two years benefits. The Workers’ Compensation Board will pay up to $6,000 in funeral and burial expenses, and, when there is no spouse of surviving children, $50,000 is paid to the parents or to the estate.

You Have a Right to Death Benefits When a Family Member is Killed on the Job

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens 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

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.