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Detailing workers' compensation death benefits

When you have a loved one that is injured in a workplace accident in Staten Island, your immediate assumption is that workers' compensation benefits will cover his or her expenses. At the same time, you have likely also heard the such coverage is limited. Many of those that we here at Angiuli & Gentile, LLP have worked with in the past have shared the same assumption, only expecting workers' compensation to cover medical costs and lost wages. Yet what if your loved one is killed in his or her accident? Are you still entitled to some form of workers' compensation benefit? 

Workers' compensation will cover funeral expenses, yet if your loved one provided your primary financial support, then you are likely worried about how you will be able to make ends meet going forward. Not to worry; an additional form of workers' compensation may be available to you in the form of death benefits. The New York State Workers Compensation Board states that in the event of an on-the-job death, you may be entitled to a pension equal to following amounts of his or her average weekly salary: 

  • If the decedent was your spouse: 66.6 percent if you have no children, 36.6 percent of you do
  • If the decedent was your parent: 30 percent if your other parent is still alive, 66.6 percent if not (shared equally amongst you and your siblings)
  • If the decedent was your grandparent or sibling (with no surviving spouse or children): 25 percent
  • If you were a dependent parent to the decedent (and he or she had so spouse or children): 40 percent during the years of your dependency 
  • If the decedent had no direct dependents: $50,000 to his or her estate

You can learn more about the extent of workers' compensation coverage by continuing to explore our site. 

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