Help that can come soon
Workers' comp can pay the spouse and minor children part of what he earned each week: two-thirds of his average weekly pay, up to a maximum. It can also pay funeral costs, up to $12,500 in New York City, Nassau, Suffolk, Westchester and Rockland. The family has to request it from the state Workers' Compensation Board (source).
A separate case against the job site
If he died because he wasn't given safe equipment, the family may also have a case against the building owner and the company running the job. In New York, the person the court appoints to represent the family, usually a relative, brings this case, generally within two years of the death (the law). If the city or a government agency owned the site, the deadline to give notice can be much shorter. That's why it's better not to wait.
What you can do this week
- Keep the death certificate and hospital papers.
- Keep his messages with the foreman or boss, and any photos of the site.
- Don't sign anything from the contractor or its insurance company.
- Call when you're ready. We'll explain everything calmly, with no obligation.
This page is general information, not advice about your case. Every case is different. Prior results do not guarantee a similar outcome.