Covid-19 Related Ny Worker’s Compensation Claims And Death Benefits

Any Essential Worker in New York who tests positive for COVID-19, whether or not they show symptoms, become ill, or lose time from work, should protect their rights under the New York State Workers’ Compensation Law (WCL) by filing a claim with the New York State Workers’ Compensation Board. The filing will protect your rights should any benefit ever be needed in the future. Under New York Law there is a 2 year Statute of Limitations for filing a claim.

The WCL may provide for wage replacement, medical care and death benefits.
While you may feel asymtomatic or have minor symptoms today, we do not yet know the long term effects of COVID-19 infection. In light of that we are recommending that all essential workers, whether or not they test positive, document the following:

All dates of work where there was possible exposure to COVID-19 positive patients or patients that have not been tested but show symptoms of the virus.
Dates and locations (unit such as ICU etc…) where you were not provided with adequate PPE.

Essential workers that do test positive should also immediately notify their direct supervisor and human resources office in writing. It is important that copies of all forms and correspondence be kept in a safe and easily accessible place.

Under the Law the surviving spouse and/or minor children or other legal dependents are entiled to an ongoing weekly cash benefit. This monetary benefit is equal to two-thirds of the deceased worker’s average weekly wage not to exceed the maximim allowed rate which is presenlty $934.11.

If there are no surviving spouse, children or dependents, the surviving parents or the estate of the deceased worker may be entitled to a lump sum payment $50,000.00 plus funeral expenses.