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.