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NYC Injury Lawyer > Blog > Construction Accidents > What Happens After My Spouse Dies in a New York Construction Accident?

What Happens After My Spouse Dies in a New York Construction Accident?

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Losing your spouse in a work-related accident can impact your life in more ways than one. Along with the emotional and mental pain of losing someone you love, this loss can also be detrimental financially. You may have been relying on your spouse’s paycheck to help raise your children and pay the bills. After the accident, you may be wondering how you’re going to continue with your life, pay your rent, or put food on your table. Unfortunately, this type of situation is all too common in New York. According to one 2019 report, worksite deaths were up 33% compared to the previous five years – making construction work the most deadly job in New York City.

The good news is that you’re not alone. Enlist the help of a qualified, experienced attorney, and you can get the financial assistance you need to keep living your life. There are many resources that can help surviving spouses who have lost a loved one in a New York construction accident. In fact, you are entitled to a number of different sources of compensation that can help you and your family continue moving forward. Call us today to find out your financial options.

Wrongful Death 

Wrongful death lawsuits help surviving spouses recover compensation after their loved ones pass away in a construction accident. In order to receive compensation, you must prove that your spouse’s death was preventable, and that certain safety measures were not followed. This process is similar to personal injury lawsuits, where plaintiffs must prove that the offending party was negligent and at fault.

You must also prove that you or your loved one suffered permanent damages as a result of your spouse’s accident or death. Medical bills, lost wages, medical expenses, child-raising costs… all of these factors and more could go into determining your final compensation amount. You can also be awarded compensation for the pain and suffering your spouse experienced before they died. Proving negligence and damages is often difficult, and this is why it’s crucial to enlist the help of a qualified attorney.

The New York Workers’ Compensation Law 

According to the New York Workers’ Compensation Law, you will likely receive death benefits without having to file a lawsuit. The total amount you will receive depends on whether you have children. If you don’t have any children, you will receive about two-thirds of your spouse’s average weekly pay. When or if you choose to remarry, you’ll have the option of either a lump sum payment or two years’ worth of benefits.

As you might have already guessed, these benefits are often inadequate, and they may not completely cover your expenses as you try to move on with your life. Because of these shortcomings, a wrongful death lawsuit is often advisable if you have lost a loved one in a New York construction accident.

Enlist the Help of an Experienced Attorney Today 

If your spouse has passed away due to a construction accident in New York, help is available. Enlist the help of a qualified, experienced attorney, and you stand a much better chance of recovering the compensation that you deserve. Reach out to an NYC construction accident attorney at the office of Michael Gunzburg, P.C. today.

Resources:

wcb.ny.gov/content/main/onthejob/WCLawIntro.jsp

newyork.cbslocal.com/2019/04/29/construction-worker-deaths-nyc/

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