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Navigating construction accident laws in New York can be overwhelming, especially when dealing with insurance companies, employers, or other parties denying liability. A knowledgeable construction accident attorney who understands New York’s labor laws can help you recover the maximum compensation you and your family deserve.

Understanding NYC Construction Fatality Compensation

If your loved one passed away in a construction accident in New York, you may be entitled to compensation under the state’s workers’ compensation laws. In some cases, you might also have the right to file a wrongful death lawsuit for additional damages.

Common Causes of Fatal Construction Accidents in NYC:

If your loved one’s fatal accident was caused by negligence or unsafe conditions, you could pursue justice and compensation.

Who Can Receive Worker’s Comp Death Benefits in New York?

Workers’ compensation covers more than just job-site injuries. Surviving spouses, minor children, or other dependents may qualify for weekly cash benefits, which amount to two-thirds of the deceased worker’s average weekly wage for the year before the accident. These benefits last for life (or until the spouse remarries or children reach adulthood).

Maximum Benefits and Funeral Expenses

The weekly cash benefits cannot exceed the statutory maximum for the accident date. If there are no surviving dependents, the deceased worker’s parents or estate may receive a one-time payment of $50,000.

Funeral or memorial expenses may also be covered:

  • Counties with standard limits: Up to $10,500
  • Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties: Up to $12,500

How to File for Survivors’ Benefits in NYC

To qualify for survivors’ benefits under New York workers’ compensation laws, you must submit the following:

  1. Affidavit for death benefits
  2. Proof of death by the attending physician
  3. Evidence of burial and funeral expenses from the undertaker

An experienced NYC construction accident attorney can guide you through this process and ensure all required documentation is complete and accurate.

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Fatal Construction Accidents Lawyer in New York CityWrongful Death Lawsuits After NYC Construction Accidents

If you’ve lost a loved one in a construction accident due to negligence, you may have the right to file a wrongful death lawsuit. Similar to other New York City personal injury claims, a wrongful death case seeks to hold third parties accountable for their negligent or intentional actions that led to the fatal accident.

Who Can Be Held Responsible in a Construction Wrongful Death Claim?

Several parties may be liable for a construction worker’s wrongful death, including:

  • Site owners
  • General contractors
  • Subcontractors
  • Site managers
  • Engineers
  • Equipment operators whose negligence contributed to the fatality

An experienced NYC construction accident attorney can help identify all responsible parties and pursue the compensation your family deserves.

Who Can File a Wrongful Death Lawsuit in New York?

Under New York law, only the executor or personal representative of the deceased’s estate can file a wrongful death lawsuit. If a family member is not designated as the executor in the deceased’s will, they cannot initiate a wrongful death claim on their own.

If you need help navigating the legal process, a qualified wrongful death lawyer can assist in ensuring the correct party files the claim.

Compensation Available in a NYC Wrongful Death Case

Families may recover several types of damages through a wrongful death lawsuit, including:

  • Funeral and burial costs
  • Medical expenses related to the final injury
  • Lost financial support the deceased would have provided
  • The value of lost services and support
  • Loss of future inheritance
  • Pain and suffering endured by the deceased
  • Interest on the awarded damages

Calculating damages in a wrongful death case can be complex, and an attorney can help maximize your family’s compensation.

NYC Wrongful Death Lawsuit Filing Deadline

In most cases, you must file a wrongful death lawsuit within two years from the date of your loved one’s passing. This deadline is set by New York’s statute of limitations, and missing it could result in losing your right to compensation.

Certain exceptions may apply, such as cases involving government entities or criminal investigations, so it’s crucial to consult a wrongful death lawyer promptly.

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Contact HKD for Help After a NYC Fatal Construction Accident

Losing a loved one because of negligence in the workplace is a tragedy. While nothing can replace what you lost, the financial impact from their death can be daunting. Having an experienced New York fatal construction accident lawyer on your side can ensure your rights are respected and improve the odds of a successful survivors’ benefits application or wrongful death lawsuit.

The New York construction fatality accident attorneys with Hecht, Kleeger & Damashek, P.C. are here to lift this burden. If your family has a wrongful death claim, we will guide you through every step, from investigating the incident, hiring expert witnesses and conducting settlement negotiations. Contact HKD at 212-490-5700 or use our online form to discuss your options during a free consultation. There are no up-front fees, and you owe nothing until we win compensation.

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