Navigating these laws alone can be stressful, especially if insurance companies, employers, or other parties refute their obligation. A knowledgeable and experienced construction accident attorney who knows New York’s labor laws is the best path toward recovering the maximum compensation you and your family deserve.
NYC Construction Fatality Compensation
If your loved one died in a construction accident in New York, you are likely entitled to compensation through the NY state’s worker compensation laws. In some instances, you may also file a wrongful death lawsuit.
Fatal NYC Construction accidents could be caused by:
- Dangerous job sites
- Hoist Accidents
- NYC scaffolding and ladder accidents
- NYC Fires, Explosions, and Burns
- Welding accidents
- NYC Forklift accidents
- NYC Crane Accidents
- Falling Objects
- Defective and Unsafe Equipment
- Electrocution and Electrical Shock
Who Receives Worker’s Comp Death Benefits in New York?
Workers’ compensation applies to more than just those injured on a job site. A deceased’s surviving spouse, minor children, or other dependents can be entitled to weekly cash benefits through survivor’s benefits. The amount equals two-thirds of the deceased worker’s average weekly wage for 52 weeks before the accident. Those benefits last for life, or until the spouse remarries or the children become adults.
That amount cannot exceed the weekly maximum of the accident’s established date. If there is no spouse, children, or dependents to receive the compensation, the deceased worker’s parents or estate may be entitled to $50,000.
Funeral or memorial expenses for a work-related death could be covered under workers’ compensation. In most counties, the costs cannot exceed $10,500. In Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester, the full funeral or memorial expense is $12,500.
Filing for Survivors’ Benefits in New York City
To qualify for survivors’ benefits under the New York state’s workers’ compensation laws, you’ll need to file an affidavit for death benefits; proof of death by a physician in last attendance on the deceased form; and evidence of burial and funeral expenses by the undertaker form.
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