Legal Question in Workers Comp in New York

Re: workmans comp has come to a settlement,

If the cancer is related to your work, a claim can be made after death. If the cancer is not related to your work, there may not be much that you can do to ensure your wife continues to recieve benefits. Compensation benefits are more like unemployment claims than personal injury. If you should pass away, wage replacement benefits no longer apply since you no longer are capable of work. It is not like an annuity that survives you. If you have an injury to an extremity, like an arm for example, that can result in one final pay out. But that again needs to be assessed while alive. If you have a classification type injury, a back injury for example, that could pay you biweekly until your death. The insurance company may be interested in buying that type of claim out in a lump sum. Some insurance companies may offer less however, if they know a claimant has a terminal illness or is older. It is kind of a cold lesson of the Compensation Law. As a wage replacement system, the only value of any case is the possibility of the obligation to keep paying lost wages. It is complicated, but any effort at estate planning should include a retained lawyer. For example, if you were to settle the claim now, you may be able to have the proceeds go into an annuity or structured settlement which would survive your passing. Goodluck to you.