New York Workers Comp: Death Benefits (Survivor Claim) Settlement Guide (2026)
Your real number depends on your case specifics. Here's the range and the math behind it.
Estimated Settlement Range
Not available — see below
Estimate only. Not legal advice. Actual settlement value depends on your specific case facts — consult a licensed workers comp attorney in New York.
How This Estimate Is Calculated
Death Benefits (Survivor Claim) doesn't use the standard time-off-work formula the rest of this site is built on — see why below, in the section on this injury type specifically.
About Death Benefits (Survivor Claim) Claims
When a workplace accident or occupational illness results in death, most states calculate survivor benefits as ongoing payments to dependents rather than a one-time settlement, which makes this claim type structurally different from the rest.
Common causes: Fatal workplace accidents or occupational illness
Surgery likelihood:
For a deeper look at what specifically drives severity and impairment ratings for this injury — not just how it's calculated in New York — see the full Death Benefits (Survivor Claim) resource, including how this injury compares across all 50 states.
New York Workers Comp Rules
- Waiting period: 7 days
- Filing deadline: 730 days
- Attorney contingency fee: 10-15%
- State agency: NY Workers' Compensation Board
Frequently Asked Questions
What's the filing deadline for a workers comp claim in New York?
In New York, the filing deadline is 730 days from the date of injury. See the full filing deadline guide for tolling rules and what happens if you miss it.
Should I hire an attorney for my Death Benefits (Survivor Claim) workers comp claim?
Most workers comp attorneys work on contingency (typically 10-15% of the settlement), so there's usually no upfront cost to get a case reviewed.
What can I expect to receive for a Death Benefits (Survivor Claim) injury in New York?
Estimated range for Death Benefits (Survivor Claim) in New York: $[VERIFY]–$[VERIFY]. See the calculation breakdown above for how this was derived.