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Hi, my name is Craig Rosasco, I'm a partner at the law firm of
Turley, Redmond, Rosasco & Rosasco. I handle Workers'
Compensation and Disability claims in the state of New York.
Today we're gonna talk about one of the unfortunate realities of
my practice, and that is a death claim. There are many different
types of death claims filed under the Workers' Compensation
system every year, and I'm going to try and explain a few of them
and explain to you what benefits are available to family members
of people who have been killed on the job. The first type of
death claim that we see and it's unfortunate - we saw it at the
time of 9/11 - is the immediate, acute death, OK? Typically,
those cases are accepted by insurance companies as being
compensable. What type of benefits can family members
expect? Typically 2/3 of the decedent's salary is payable to
a widow and based upon the age of the children, they could be
additionally entitled to benefits also. There are
restrictions that are taken into account, such as remarriage, and
when children reach the age of majority. The second type of
case that I see often in my practice is contested cases.
What's a contested case or a case that the insurance company
is fighting? That's typically when someone suffers a heart
attack on the job. And you're claiming that the heart attack
was a result of the type of work that the person did in the place
of employment. Those cases are usually always contested by
insurance companies. Another type of death claim that we see
often is what's called a consequential claim, where a
person suffers an injury and somewhere down the road, that
person dies as a result of those injuries sustained on the job.
In that case, the claimant is going to be the family member,
no longer the decedent. Now how do we file a death claim in the
state of New York? It's very simple. We go to the Worker's
Compensation Board and we look up on the website for a C62
form. That's the easy part. After that, you've gotta get a
C64 signed by a physician and some other documentation
connecting the death to the workplace. Why am I telling you
this information? Because you may have recently lost a loved
one in the workplace and I've got the answers to your
questions. These are very delicate, involved claims and
you're gonna want an attorney to walk you through this process.
Call me and I can answer your questions and walk you through
the process and keep your peace of mind. I can be reached at
1-877-NY-DBLAW or on the internet at nydisabilitylaw.com.
I'm sorry for your loss but I look forward to helping you in
the future. Call me. Thank you again.