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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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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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