When a loved one is injured at work, the last thing you want to think about is their death. Sometimes, the worst does happen on the job. In these cases, to get workers’ compensation benefits on behalf of the deceased, you must file a death claim.
What Forms Do I Need?
According to New York law, when you file a death claim, the insurance company needs proof that the death occurred because of a workplace incident. To provide that proof, you need to fill out certain forms, including:
- Claim for Compensation in Death Case (C-62 Form)
- Proof of Death by Physician Last in Attendance on Deceased (C-64 Form)
- Proof of Burial and Funeral Expenses by Undertaker (C-65 Form)
These forms certify that the appropriate personnel have attended to the deceased in their official capacity and create a case for you to collect death benefits. The Claim for Compensation form allows you to file a workers’ compensation claim while the C-64 form acts as medical proof that the death happened as a result of a workplace injury or illness.
Can I Collect Compensation for the Deceased?
Under most circumstances, as a spouse, you cannot collect workers’ compensation in place of the deceased. If your spouse’s death is found to be caused by their place of work, you may collect retroactive death benefits. However, these payments are not continuous after the date of death.
If the deceased had no dependents—for example, if they were a child whose parents file a death claim—you may get a no-dependency award. With a no-dependency award, whomever handles the funeral expenses receives compensation for those costs.
Talk to a New York Lawyer About Death Claims
If your loved one has passed away due to an incident at their workplace, your Staten Island workers’ comp attorneys can help. At Nappa, Monterosso, & Poznansky, LLP, we can help you understand your rights and file a death claim. Call us at 718-273-9000 or contact us online to request a consultation.