Work-related accidents are, unfortunately, a reality for many industries. Whether due to negligence, unsafe working conditions, or unfortunate circumstances, the consequences can be devastating for both workers and their families. In New York, when a work-related accident results in death, surviving family members may wonder whether they have legal options to seek compensation. This article explores wrongful death claims in New York, focusing on work-related accidents, the legal process, and what family members need to know to pursue justice.

Understanding Wrongful Death in New York

A wrongful death occurs when someone's death is caused by another party's negligence or intentional misconduct. In New York, wrongful death claims are governed by New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1. Under this statute, certain family members or representatives of the deceased's estate are able to file a lawsuit against the other party to recover damages. For work-related deaths, these claims often arise when the employer, a co-worker, or another third party is responsible for the fatal accident.

Key Elements of a Wrongful Death Claim

For a wrongful death claim to be successful in New York, the following elements must be proven:

1. A death occurred.
2. The death was caused by another's negligence, recklessness, or intentional act.
3. The surviving family members or estate suffered financial losses due to the death.
4. The personal representative is bringing the claim on behalf of the family or estate.

These criteria must be met to proceed with a wrongful death lawsuit. If the claim is related to a work-related accident, additional factors, such as workers' compensation benefits, may come into play.

The Role of Workers' Compensation in Work-Related Deaths

New York's workers' compensation system provides benefits to workers who are injured or killed on the job. The system is designed to make sure employees receive compensation for medical, lost wages, and, in the case of death, survivor benefits. However, workers' compensation is typically the exclusive remedy for work-related injuries and fatalities, meaning employees cannot sue their employers directly for negligence.

Workers' Compensation Survivor Benefits

If a worker loses their life in a job-related accident, their family may qualify for survivor benefits under workers' compensation. In New York, these benefits can include:

• Weekly cash benefits for surviving dependents typically calculated at two-thirds of the deceased worker's average weekly wage.
• Funeral expenses up to $12,500 in the New York City, Long Island, and Westchester areas, or $10,500 elsewhere in the state.

While workers' compensation provides some financial relief, it will not cover all damages, such as pain and suffering or punitive damages. This limitation is why some families may explore a wrongful death claim in addition to seeking workers' compensation benefits.

When Can You File a Wrongful Death Claim in a Work-Related Accident?

In most cases, New York's workers' compensation laws prevent workers and their families from suing an employer directly for negligence. However, there are exceptions where a wrongful death claim may be possible, such as:

1. Third-Party Liability: If a party other than the employer, such as a contractor, equipment manufacturer, or property owner, played a role in causing the accident, the family is able to file a wrongful death claim against that third party.
2. Intentional Misconduct by the Employer: In not so common cases where the employer's actions were intentional or egregiously reckless, a wrongful death lawsuit may be possible. These cases require strong evidence and are not common.

Filing a Wrongful Death Claim in New York: The Process

Filing a wrongful death claim in New York follows a legal process that typically involves the following steps:

1. Appointing a Personal Representative: Under New York law, only the representative of the deceased's estate can file a wrongful death lawsuit. This representative is usually named in the will or appointed by the court if no will exists.
2. Filing the Lawsuit: Once the personal representative is appointed, the wrongful death lawsuit can be filed. This filing must occur within two years of the date of death, according to New York's statute of limitations for wrongful death claims.
3. Proving Negligence or Fault: The family's attorney must prove that the responsible party's negligence or wrongdoing caused the death. This process often involves gathering evidence, consulting experts, and presenting a compelling case in court.
4. Negotiation or Trial: In many cases, the responsible party may attempt to settle the case before trial. However, if a fair settlement can't be reached, the case may go to trial, where a judge or jury will determine liability and damages.

Damages in a Wrongful Death Claim

If the wrongful death lawsuit is successful, the court may award several types of damages to the deceased's family, including:

• Funeral and burial expenses
• Loss of financial support (the wages the deceased would have earned had they lived)
• Medical expenses related to the fatal injury
• Loss of parental guidance for children
• Loss of inheritance if the deceased was expected to accumulate significant wealth

It's important to understand that New York law does not permit surviving family members to seek compensation for their own emotional pain and suffering. However, they may receive compensation for the deceased's conscious pain and suffering prior to death.

Conclusion

The loss of a loved one in a work-related accident is an incredibly devastating experience both emotionally and financially. While New York's workers' compensation system provides some relief, it is often limited. In situations where third-party negligence or intentional misconduct is involved, filing a wrongful death claim may be a viable option to seek further compensation.

Injured? The Office of Brandon J. Broderick, Workers Comp Lawyers, Can Help

If the unfortunate happens and you or a loved one is injured in a work accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.