Workers’ Compensation Benefits

Weekly Cash Benefits

If the injured worker dies from a compensable injury or illness, the surviving spouse and/or minor children/other dependents as defined by law, are entitled to weekly cash benefits.

The amount is equal to two-thirds of the deceased worker's average weekly wage for the 52 weeks prior to the accident. The weekly compensation may not exceed the weekly maximum established for the date of injury, regardless of the number of dependents.

If there is are no surviving spouse or minor children/other dependents as defined by law who are entitled to compensation, the surviving parents or the estate of the deceased worker may be entitled to payment of $50,000.

Funeral or Memorial Expenses

Funeral or memorial expenses for a work-related death are covered under workers' compensation. These expenses may not exceed $12,500 in the following counties: Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester. Expenses may not exceed $10,500 in all other New York counties.

Filing a Death Claim

To receive survivor benefits, you must file a Death Claim