Long Island Worker Compensation for Death Benefits Lawyer

4.8 Stars


Please enable JavaScript in your browser to complete this form.

Death benefits for worker accidents

If you have recently experienced the loss of a loved one due to a work-related accident in Long Island, you may be eligible for death benefits provided by the workers’ compensation system in New York State. These benefits encompass weekly income support, funeral expenses, and the deceased individual’s medical bills. To ensure that you receive these benefits, which are available to eligible beneficiaries under state laws, it is crucial to consult a local workers’ compensation attorney who can guide you through the claim process and determine your eligibility.

Understanding Workers Compensation Death Benefits

Familiarizing yourself with the specifics of worker’s compensation death benefits is vital for securing the financial well-being of your family in the event of your death caused by an on-the-job injury. By enlisting the services of a workers’ compensation lawyer, your family can receive compensation to cover various types of expenses, including:

Financial support for your family, representing a portion of your wages.

Funeral and burial expenses.

Reimbursement of medical costs incurred before your passing.


It is essential for your family to understand how to apply for these benefits, as the payout can significantly alleviate the financial burden of medical and funeral expenses.

Eligibility for These Benefits
To qualify for death benefits, recipients must be partially or entirely dependent on your financial support at the time of your injury. Such dependence must be ongoing and present when the injury occurs. Apart from your spouse and children, other family members who rely on your care or financial assistance may also be eligible for these benefits. Primary beneficiaries typically include:
  • Your children, including step-children.
  • Your spouse.
  • Secondary beneficiaries can receive benefits if no primary dependents exist. They may include:
  • Your parents and/or siblings.
  • Your grandchildren or grandparents.
  • Your aunts, uncles, nieces, or nephews.
While some dependents may need to provide evidence of their dependent status, children under the age of 18 or those with disabilities preventing self-care often do not require proof of dependency.
Screenshot 2023-07-09 184537

Long Island Worker Compensation Practice Areas

Death Benefits

In New York State, death benefits amount to two-thirds of your average weekly wages. The specific cap for payouts varies based on the type of beneficiary. When multiple beneficiaries are involved, the total amount is divided among them. Typically, dependents receive periodic payments over time. Your spouse will receive benefits until their death or remarriage, while children generally receive benefits until they turn 18. If they pursue ongoing education, children can receive benefits until the age of 22. Ensuring your family receives the appropriate amount of compensation following your passing can be challenging. Working alongside a workers’ compensation lawyer in Long Island can assist you in filing the claim and reviewing payout details.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


Please enable JavaScript in your browser to complete this form.

Funeral and Burial Benefits:

Funeral and burial expenses can be financially burdensome, particularly in cases of unexpected deaths. New York State’s workers’ compensation system provides up to $7,500 to help cover these costs. If no dependents are available, the payout can be directed to the funeral service provider.

Initiating a Claim

Similar to any workplace accident leading to a workers’ compensation claim, your dependents must file a claim to receive death benefits.

Ensure your family follows these steps:

Report your death to your employer, who will then notify the insurance carrier, initiating the benefits process.

File a claim for death benefits. It is not mandatory to do so immediately, as grieving the loss of a loved one can make such claims difficult. The law allows for a one-year period to file the claim.

Work with your employer and complete the survivor application, providing the necessary information to the insurance adjuster.

Frequently Asked Questions

Call for a Free Consultation Today

At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.

After experiencing a workplace accident, it’s essential to have the guidance and support of skilled Long Island lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.

Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.

20230626194027_[fpdl 2

Determining Liability in an Long Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

20230626194616_[fpdl 2
20230626195044_[fpdl 1

The sooner you contact a personal injury attorney in Long Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Long Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Long Island Worker Compensation for Death Benefits Lawyer

4.8 Stars


Please enable JavaScript in your browser to complete this form.