When you lose a loved one, it is a very difficult time in general and it can leave behind some difficult financial repercussions. Especially for someone who others depended on for their income. When someone dies from a workplace accident or succumbs to an occupational illness in the state of New York, the survivors may be eligible for benefits through death claims. This falls under wrongful death claims and the team at Falk & Klebanoff works with survivors in order to get the benefits they deserve. Reach out to us today.
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If someone in your family died from a work-related illness or injury, then you may be in line to receive benefits from the death claim. The loss of someone's life is tragic and cannot be made up with money. However, it does help ease some of the pain knowing there is fair compensation. Our Long Island law firm has years of experience handling all sorts of personal injury cases. Located in West Hempstead, New York, we offer legal representation for clients throughout Long Island. Learn more about death claim benefits and eligibility.
When it comes to death benefits, the eligibility falls to certain survivors. Not everyone who knew the deceased may be eligible to receive any benefits. These are the survivors who can potentially receive death claim benefits.
Ultimately, it falls on who is relying on the deceased for their financial income and what sort of impact their loss has on their lives financially. The spouse is the first person on the list that is eligible. However, there are cases where the spouse is not entitles to the payments. For example, if the deceased worker's spouse is divorced or abandoned the deceased prior to the death or illness. Then the eligibility falls to whoever was relying on the deceased, if there is such a person or people.
When it comes to the death claim benefits in the state of New York, the main mode of compensation is a weekly replacement payment. It is also not uncommon for the claimant to get a specified amount to help with the funeral costs. How much money a survivor collects on a weekly basis depends on a few factors, which will sort itself out after the filing of the death claim. When speaking in generalities, the total death benefits paid to survivors is usually about two-thirds of the worker's average weekly wage for the previous year. But that is just a general estimate. The final determination is set by the Worker's Compensation Board.
There are various factors that will ultimately determine the amount of money one collects on a weekly basis. In general, the total death benefits paid to survivors is usually two-thirds of the worker's average weekly wage for the previous year. However, this is subject to a maximum that gets set by the Worker's Compensation Board after the filing of the claim.
There are a few different factors that impact the division and length of the death payments. According to the specified state statute, death claim payments will get divided among the worker's closest surviving relatives. It is important to note that the division and length may change over time, which results in a redistribution of the payments. Having a lawyer who understands the depth of these death claims can help solve the distribution and make sure that the survivor is getting the benefits they deserve.
When it comes to the length of the payment, there are also reasons that dictate the length of the claim payments. When a worker dies on the job or dies due to an illness, the surviving spouse may be eligible to collect weekly payments for the rest of their life. But that is not always the case as there are exceptions, such as if the spouse remarries. Changing their status as widow and thus likely ceasing any weekly payments from the previous death claim. In many instances where the spouse remarries, a lump-sum payment of two years worth of benefits pays out to the survivors.
