Reviewed against NYS WCB primary sources · Last reviewed August 2026
For families
Death & survivor benefits in New York workers' comp
When a worker dies from a job-related injury or illness, New York workers' compensation pays cash benefits to the surviving family and covers funeral costs. Here's who qualifies and how much.
Key facts
- Survivors receive two-thirds of the worker's average weekly wage, capped at the state maximum for the date of injury.
- A surviving spouse and minor children qualify automatically — no need to prove dependency.
- If there are no eligible survivors, surviving parents or the estate may receive $50,000.
- A funeral/burial allowance of up to $12,500 (NYC metro) or $10,500 (rest of state) is paid.
Who is eligible
- Surviving spouse and children under 18 (or under 23 if a full-time student) — eligible without proving they depended on the worker.
- Other relatives — children over those ages, grandchildren, siblings under 18, and dependent parents or grandparents — may qualify if dependency is established.
- The weekly benefit is divided among the eligible survivors.
How much, and how to claim it
The amounts
- Weekly: ⅔ of the deceased worker's average weekly wage, subject to the maximum for the date of injury/death.
- No spouse or dependent children: $50,000 to surviving parents or the estate.
- Funeral / burial: up to $12,500 in the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk & Westchester; up to $10,500 elsewhere.
Filing the claim
- File within 2 years of the death (the same statute of limitations applies).
- For an occupational disease death, the clock runs from when the family knew the death was work-related.
- See how to file a claim — the process is the same, and representation is free up front.
Sources for this page