Death Benefits If You Die On Your Way To Work

karj35 · #1 04-06-2007, 05:38 PM

A family member was killed in an auto accident in NY state this year on their way to work. Is the estate entitled to death benefits through comp?

Thank you

jk · #2 04-06-2007, 05:39 PM

were they "on the clock"?

karj35 · #3 04-07-2007, 05:09 AM

He wasn't on the clock. He was on his way to a job site 2 hours from home and never made it

BlondiePB · #4 04-07-2007, 05:31 AM

Quoting karj35

He wasn't on the clock. He was on his way to a job site 2 hours from home and never made it

Sorry, one must be "on the clock" of his/her job to receive work comp benefits.

cbg · #5 04-07-2007, 09:47 AM

At the very least, the death must be CAUSED BY the employment before workers comp takes over.

Many employers offer a death benefit (which is not through workers comp) which will pay regardless of the means of death. You should look into that.

I'm sorry for your loss.

Betty3 · #6 04-08-2007, 11:57 PM

I, too, am sorry for your loss. Did the employer have group life ins. on their employees? If they did & there was a named beneficiary on the ins., the proceeds would be payable to them rather than the estate.

RedT · #7 04-09-2007, 07:57 AM

Quoting karj35

A family member was killed in an auto accident in NY state this year on their way to work. Is the estate entitled to death benefits through comp?

Thank you

Was this their normal work site or a "special assignment." he would not likely be covered driving tot he office, but if he was driving to a seminar, an offsite meeting, or on a special errand as ordered by his employer there would likely be coverage.

karj35 · #8 04-09-2007, 11:44 AM

Quoting RedT

Was this their normal work site or a "special assignment." he would not likely be covered driving tot he office, but if he was driving to a seminar, an offsite meeting, or on a special errand as ordered by his employer there would likely be coverage.

He did construction, so he didn't work in an office. He had to drive 2 hours each way per day to work at that job site

cbg · #9 04-09-2007, 03:10 PM

You can check with your state's workers comp bureau, but in most states injuries incurred while commuting to or from work do not qualify for workers comp benefits.

seniorjudge · #10 04-09-2007, 04:09 PM

Quoting cbg

You can check with your state's workers comp bureau, but in most states injuries incurred while commuting to or from work do not qualify for workers comp benefits.

File a claim no matter what.

Find a lawyer who has previously been a WC ALJ to represent you.

All you can do is lose....