If a loved one has died from a workplace injury, you may want to discuss pursuing a death benefits claim with some of the most experienced workers comp lawyers Long Island provides at Polsky, Shouldice & Rosen, P.C.
Knowledgeable Long Island workers comp lawyers may be able to assist your family in recovering your financial losses after a loved one’s passing. Though a settlement cannot replace your loved one, it can help compensate your family for the medical bills and other expenses that resulted from their injury or illness, and subsequent passing.
Call the office of Polsky, Shouldice & Rosen, P.C. to make an appointment for a free, no-obligation case review. One of our workers comp lawyers can address your case-specific questions during the review. Here is some general information about death benefits that you may find helpful.
Eligibility for Death Benefits
Workers comp lawyers in Long Island can review the specifics of your case to determine the likelihood of eligibility, but death benefits are usually limited to:
- Children under 18 years of age.
- Children over the age of 18 who have debilitating physical or mental disabilities.
- Children between the ages of 18 and 25 who are enrolled in qualifying vocational programs or schooling.
- Other family members who lived with the deceased and were financially dependent on him or her.
Most often, death benefits are reserved for those related by blood or marriage, and who were financially dependent on the deceased to pay their living expenses. Those who are eligible for death benefits are usually known as “dependents.”
What if my loved one’s workplace injury was only a contributing cause of death?
Workers comp lawyers Long Island families respect will likely explain that in many cases, families receive death benefits even when the workplace injury or illness is only partially responsible for causing the fatality.
Death Benefit Disbursement
Most commonly, death benefits are paid weekly. The payment amount is a percentage of what the deceased earned. Workers comp lawyers Long Island families trust can provide specific amounts for your situation, but here are some general guidelines:
- Often, the amount is two-thirds of their average wage, though this varies by state.
- There may be a state-specified minimum and maximum amount for each payment.
- In place of weekly installments, you may receive a one-time, lump sum payment. The total amount is often two-thirds of what he or she would have earned during a set amount of time such as two years.
- Workers comp lawyers Long Island provides may be able to negotiate a lump sum settlement in lieu of installment payments.
Depending on state law, the total dollar amount of death benefits may or may not be affected by the number of surviving dependents.
To discuss your death benefits claim with some of the most experienced workers comp lawyers Long Island has to offer, call Polsky, Shouldice & Rosen, P.C. at (516) 595-0106 for a free case analysis.