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Updated by O'Connor Law on May 28, 2025
Headline for What You Should Do to Claim Death Benefits After Losing a Loved One in a Work-Related Incident
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What You Should Do to Claim Death Benefits After Losing a Loved One in a Work-Related Incident

Losing a loved one due to a work-related injury is devastating. In New York, surviving family members may be entitled to Workers’ Compensation death benefits. Here’s a simple step-by-step guide to help you understand what to do, what’s needed, and how legal support can make a difference.

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1. Understand What Death Benefits Are

Workers’ Compensation death benefits provide financial support to dependents of a worker who passed away due to a job-related injury or illness.

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Determine If You’re Eligible

Eligible individuals may include the spouse, children, or dependents of the deceased worker. Understanding your relationship to the deceased is key to filing a claim.

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3. Notify the Employer Immediately

Inform the employer of the death as soon as possible. Timely notice is required to start the claims process.

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4. Gather Required Documents

Documents often include a death certificate, medical records, proof of employment, and any accident reports. Having these ready speeds up the process.

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5. File a Claim with the NYS Workers’ Compensation Board

A formal claim (Form C-62) must be filed to receive benefits. This can be done online or with legal assistance.

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6. Be Aware of Time Limits

Claims must typically be filed within 2 years of the worker’s death. Missing deadlines may affect eligibility.

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7. Understand What Compensation Includes

Benefits may include weekly cash payments to dependents and coverage for funeral expenses (up to a certain amount in NY).

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8. Seek Legal Help if Needed

The process can be complex. An experienced Workers' Compensation attorney can guide you, ensure your paperwork is correct, and represent your interests.

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9. Read More on Death Benefits in New York

https://www.nyworkerslaw.com/faqs/what-you-should-do-to-claim-death-benefits-of-a-loved-one/

This blog from O’Connor Law offers detailed guidance and updates specific to New York laws.

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10. Call O’Connor Law for Support

We’ve helped many New Yorkers secure the death benefits they deserve. Contact us if you have questions or need help with your claim.