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Workers' Compensation Death Benefits

Applying for Death Benefits in the Hudson Valley and the Capital District, including Kingston, Poughkeepsie, Newburgh, Hudson, Catskill, Albany, and Schenectady

New York Workers' Compensation Death Benefits

In the unfortunate circumstance of a worker dying on the job, the family of the deceased worker needs legal representation. The death of the worker:

  • may be a result of sudden accident with death occurring immediately,
  • may occur after a work injury or accident and after a period of medical care, or
  • may occur years after a work injury or accident from the cumulative effects of the accident and/or related worsening of condition over time.

Hospital expenses, funeral expenses, wage loss replacement for dependents of the deceased, and other benefits may be available. New York Workers' Compensation Law protects the families of injured workers, even while insurance carriers resist accepting responsibility and rarely pay death benefits voluntarily.

There is a strict time period within which to give written Notice of Claim to the employer and to file a Death claim with the Workers' Compensation Board. Loss of family member and provider takes an emotional and financial toll. The family and dependents may be at a loss when the injured worker passes away. The family can apply for workers' comp death benefits by filling out an application that includes the following documents:

  • Application form "Claim for Compensation in a Death Case"
  • Affidavit of dependent in a death case
  • Medical report from deceased's doctor, preferably on Board form
  • Certified Copy of the deceased's death certificate
  • Proof of relationship to deceased including marriage certificates and birth certificates
  • Funeral bills covering all expenses associated with burial

At Kirk & Teff, LLP, we assist the families of injured workers' to file their claim and fight for benefits usually denied in the aftermath of a work-related death. At Kirk & Teff, LLP, we litigate cases when necessary and take all steps necessary to ensure prompt and full payments of benefits.

Death may be directly or indirectly caused by an on-the-job assault, accident, or injury. On-the-job death may be due to the negligence of a third party, not the employer or a co-worker. Know your rights. We can and will help. We have a dedicated staff of attorneys, legal representatives, and support staff to assist with all aspects of your claim.

Families who suffer the loss of a loved one due to a workplace accident face unexpected legal, financial and emotional challenges. Speak with a member of the staff of Kirk & Teff, LLP, serving the Hudson Valley and the Capital District, including Kingston, Poughkeepsie, Newburgh, Hudson, Catskill, Albany and Schenectady.

Contact Kirk & Teff, LLP today to set up your free initial case evaluation.

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