Colorado Workers Comp Death Benefits – What Surviving Families Need to Know

Losing a loved one to a work-related injury or illness is devastating. Colorado workers comp death benefits exist to provide financial support to families after a workplace fatality, helping them navigate the sudden financial uncertainty and confusing legal process that often follows such a loss. This guide is for Colorado families who have lost a loved one to a work-related injury or illness and need to understand their rights and options for workers’ compensation death benefits. Knowing your rights and the benefits available can help your family avoid financial hardship and ensure you receive the support you deserve.

If you’re reading this, you may be searching for answers about what comes next. Understanding Colorado workers’ comp death benefits matters because it can make the difference between financial stability and hardship during an already difficult time. Colorado workers’ compensation is a no-fault system, which means families do not need to prove the employer was at fault to receive death benefits. This makes it easier for families to access the support they need after a tragic loss.

Key Points About Colorado Workers’ Comp Death Benefits

For grieving families, the most important thing to understand is this: Colorado law provides a pathway to financial support after a workplace death. You have rights, and benefits are available—but you need to take action within certain time limits.

• Who qualifies: A surviving spouse, minor children, and other dependents who can prove they relied on the deceased worker for financial support. Spouses and minor children are automatically presumed to be dependents for the purpose of receiving death benefits in Colorado.

• What benefits typically cover: Weekly payments based on the worker’s earnings, plus funeral and burial expenses up to state-set limits.

• Key deadlines: Surviving dependents must file a claim with the Division of Workers’ Compensation within two years of the date of death.

• Why legal help matters: Insurance carriers often dispute claims, and an experienced workers compensation attorney can protect your family’s interests.

• No-fault system: Colorado workers’ compensation is a no-fault system, allowing families to receive death benefits without proving employer fault. In Colorado, families can receive workers' compensation death benefits without proving the employer was at fault.

Death benefits may be available whether the fatal injury was a sudden accident—like a fall from scaffolding or a vehicle crash—or whether the worker died from an occupational disease that developed over time, such as lung disease from toxic exposure.

Every case is fact-specific. The details of how the death occurred, the worker’s earnings history, and your family’s dependency status all affect what you may receive. Speaking with a Pueblo workers’ compensation attorney is the best course of action to understand your exact rights.

Have questions about your specific situation? Call (719) 309-9484 to speak directly with Steve Johnston about what your family may be owed.

What Is a Fatal Work Injury Under Colorado Law?

Under Colorado law, a “work-related” death for workers’ compensation purposes means the injury or illness that caused the worker’s death must have arisen out of and in the course of their employment. This connection between the job and the worker's death is what makes the family eligible for compensation death benefits.

Medical and legal evidence is used to determine whether the circumstances of the worker's death meet the requirements for eligibility for death benefits.

A fatal work injury includes both:

• Immediate, traumatic accidents – events where the worker dies at the scene or shortly after

• Occupational illnesses – diseases that develop over months or years due to workplace conditions and later result in death

In such cases, the law provides examples of fatal work injuries to illustrate when death benefits may apply.

Examples of Fatal Work Injuries in Colorado

Colorado’s workforce includes many high-risk industries. Common scenarios that lead to fatal work accident claims include:

• Mesothelioma from asbestos exposure in construction or manufacturing

• Silicosis from breathing crystalline silica dust in mining or concrete work

• Cancer from exposure to carcinogens in industrial settings

Here’s something many families don’t realize: The worker’s death can occur days, months, or even years after the original job-related injury or diagnosis and still qualify for death benefits. What matters is whether medical evidence can establish that the death was caused by or connected to the employment.

Insurance carriers frequently dispute whether a death was really “work-related.” They may argue the injured worker’s condition was pre-existing or that something unrelated caused the death. This is why medical evidence—autopsy reports, treating physician records, and expert opinions—combined with legal advocacy from an experienced workers compensation attorney becomes critical.

Steve Johnston can help families gather medical records, coroner reports, and employer records to prove the causal link between the job and the tragic death. This evidence-building work often makes the difference between a denied claim and a successful one.

Now that you understand what qualifies as a fatal work injury, let's look at who is eligible for death benefits.

Who Is Eligible for Colorado Workers’ Comp Death Benefits?

Colorado law focuses on identifying the “eligible dependent” when determining who can receive death benefits after an injured worker passes away. Not everyone related to the deceased worker automatically qualifies—eligibility is determined by the nature of the relationship and financial dependency.

What Is a Dependent and a Presumed Dependent?

A dependent is someone who relied on the deceased worker for financial support at the time of death. A presumed dependent is a person who is automatically considered dependent under Colorado law, without needing to prove financial reliance.

Spouses and minor children are automatically presumed to be dependents for the purpose of receiving death benefits in Colorado. This means a legally married spouse at the time of the worker’s death and children under 18 (or under 19 if still in high school) do not need to provide additional proof of dependency.

If a deceased worker has no surviving spouse or dependent children, other relatives such as parents, grandparents, or siblings may be eligible for partial death benefits. Other relatives, such as parents, grandparents, siblings, or adult children, may qualify for death benefits if they can prove financial dependency on the deceased worker.

Presumed Dependents

Certain family members are presumed to be financially dependent and typically come first in line for full benefits:

• Surviving spouse – A legally married spouse at the time of the worker’s death is presumed dependent

• Minor children – Children under 18 (or under 19 if still in high school) are presumed dependent

These presumed dependents generally receive benefits without having to prove they relied on the deceased worker’s income. The law assumes that a spouse and minor children depend on a worker’s earnings.

Other Possible Dependents

Beyond the surviving spouse and minor children, other relatives may qualify if they can prove they were financially dependent on the worker at the time of death:

• Adult children who are disabled and unable to support themselves

• Adult children enrolled as a full time student (up to certain age limits)

• Parents or grandparents who received regular financial support from the worker

• Siblings or other relatives who depended on the worker’s income

For these other dependents, proving dependency typically requires evidence such as:

• Bank records showing regular financial transfers

• Shared bills and household expenses

• Tax returns listing dependents

• Affidavits from family members

Important Eligibility Considerations

Fault usually doesn’t matter. Families may be eligible for benefits even if the worker’s own mistake partially caused the fatal accident. Because Colorado’s workers’ comp system operates as a no fault system, the focus is on whether the death was work-related—not on blame.

However, there are limited exceptions. Benefits can be reduced by 50% if the worker willfully failed to use required safety devices, disobeyed reasonable safety rules, or misled the employer about their physical ability in a way that contributed to the fatal injury.

Complex family situations require careful analysis. Eligibility rules can get complicated in blended families, second marriages, or when there are dependent children from multiple relationships. Questions arise about how benefits are apportioned among multiple dependents and who has priority.

Johnston Law Firm can help untangle these issues. Steve Johnston’s broader practice areas—including estate planning and social security law alongside workers’ compensation—give him perspective on complex family and financial situations that many workers’ comp-only attorneys lack.

With eligibility clarified, let’s explore what specific death benefits are available to Colorado families after a workplace fatality.

What Death Benefits Are Available in Colorado After a Workplace Fatality?

Surviving families may be entitled to both ongoing weekly financial support and coverage for specific expenses under Colorado workers’ comp law. It is important for families to pursue the maximum compensation allowed under Colorado law to ensure they receive all benefits they are entitled to.

If the deceased worker was receiving permanent partial disability benefits before death, this may affect the calculation and duration of death benefits for survivors. The total benefit period and amount may be influenced by any prior PPD payments.

Benefits are paid to surviving spouses for life or until remarriage, and to children until age 18 or 21 if they are full-time students. Additionally, the employer is responsible for all medical bills incurred for treatment related to the work injury before the employee's death.

Understanding what’s available helps families plan for their financial future after a devastating loss.

Summary of Colorado Workers’ Comp Death Benefits

Below is a summary of the key death benefits available under Colorado law:

Weekly Wage Replacement Benefits

Weekly wage replacement benefits are ongoing payments made to eligible dependents to replace a portion of the deceased worker’s lost income. The core death benefit is ongoing weekly payments to eligible dependents. Here’s how it works:

The basic formula: Dependents receive two thirds (66 2/3%) of the deceased worker’s average weekly wage before the fatal injury or illness.

Statutory limits apply:

• For claims effective July 1, 2025, the maximum weekly death benefit is $1,396.85

• The minimum benefit is $349.21 (25% of the maximum)

• Benefits are capped at 91% of the state average weekly wage

Example calculation: If a worker earned $1,200 per week, the weekly benefit would be approximately $800 (66 2/3% of $1,200). Since this falls below the maximum, the surviving spouse would receive the full calculated amount.

The exact amount depends on:

• The worker’s documented earnings before the fatal injury (average weekly wage)

• The number of eligible dependents

• Whether dependents are presumed or must prove partial dependency

Funeral and Burial Expenses

Colorado workers’ compensation benefits include coverage for funeral and burial expenses, including burial costs, up to a statutory maximum set by the Colorado Division of Workers’ Compensation.

For 2025, the funeral expense limit is $14,206.62. The maximum burial expense reimbursement is $14,206.62 as of July 1, 2025. This covers reasonable costs including burial or cremation, funeral services, and related expenses. Unlike weekly benefits, funeral expenses don’t depend on proving dependency—the estate or person who paid the costs can seek reimbursement.

Duration of Benefits

For a surviving spouse:

• Benefits generally continue indefinitely unless the spouse remarries

• If the spouse remarries, they may receive a lump sum payment equal to two years of benefits

• Certain income changes can also affect ongoing payments

• For high-risk state employees, surviving spouses receive lifelong benefits even if they remarry (effective 2024)

For dependent children:

• Benefits typically continue until the child reaches age 18 (or 21 if still in high school)

• Benefits may extend longer for dependent children who are disabled

• Full time student status can extend benefits in some circumstances

For other dependents:

• Duration varies based on the nature of dependency and specific circumstances

Lump Sum Settlement Options

A lump sum settlement is a one-time payment of benefits instead of ongoing weekly payments. In some cases, dependents may receive death benefits as a lump sum payment rather than ongoing weekly payments:

• A sole dependent can receive up to $128,851.00 as a lump sum for fatalities on or after January 1, 2014

• For multiple dependents, the aggregate lump sum caps at $257,698.76

• Lump sum settlements require approval from the Colorado Division of Workers’ Compensation

• If a spouse remarries and there are no dependent children, a lump sum equal to two years of benefits is paid

• Dependents may request to receive a portion of their benefits in a lump sum

What Workers’ Comp Doesn’t Cover

It’s important to understand that workers’ compensation death benefits do not include compensation for:

• Emotional pain and suffering

• Loss of companionship or consortium

• Punitive damages against the employer

However, if a third party (someone other than the employer) contributed to the death, additional legal options may be available through wrongful death or personal injury claims. These claims can seek the types of damages workers’ comp doesn’t provide.

Want to know what your family may be entitled to? Call (719) 309-9484 or contact us online to get a personalized estimate of potential benefits based on your loved one’s specific situation.

Now that you know what benefits are available, let’s walk through how to apply for Colorado workers’ comp death benefits.

How to Apply for Colorado Workers’ Comp Death Benefits

Time limits apply to death benefit claims, and families should act promptly to protect their rights. The application process involves several steps, and missing deadlines can permanently bar your family from receiving benefits.

Step 1: Notify the Employer

If the employer wasn’t already aware of the fatal injury (for example, if the worker died from an occupational disease after leaving the job), you should notify them as soon as possible. While the primary deadline involves filing the formal claim, prompt notification helps establish the record.

Step 2: File the Formal Claim

Eligible dependents must file a Dependent’s Notice and Claim for Compensation (Form WC18) with the Colorado Division of Workers’ Compensation. To apply for workers' comp death benefits in Colorado, the spouse or another eligible dependent must fill out form WC18, 'Dependent's Notice and Claim for Compensation.'

Critical deadline: This form must generally be submitted within two years of the date of death. Surviving dependents must file a claim with the Division of Workers’ Compensation within two years of the death. In Colorado, a claim for workers' compensation death benefits must be filed within 2 years from the date of death. Failing to file a claim for death benefits within the specified time frame can result in the loss of the right to compensation.

Step 3: Gather Required Documents

To support your workers compensation claim, you’ll typically need:

• A copy of the death certificate (must be included with the claim form)

• Marriage certificate (must be included with the claim form)

• Children’s birth certificates (if applicable; must be included with the claim form)

• Proof of dependency (bank records, tax returns, affidavits for non-presumed dependents)

• Existing claim file numbers (if the worker was already receiving comp benefits)

• Medical records (documents linking death to work injury/illness)

• Autopsy/coroner report (may establish cause of death)

Step 4: Wait for the Insurance Carrier’s Response

After receiving the claim, the insurance carrier typically has approximately 20 days to accept or deny liability. Once the insurer receives the claim form for death benefits, they have 20 days to approve or deny it. During this time, the insurer may:

• Request additional supporting documents

• Investigate the circumstances of the death

• Schedule an independent medical exam (IME) review

Step 5: Handle Denials and Disputes

If the claim is denied or benefits are underpaid, families can:

• Request a hearing before a Colorado workers’ compensation Administrative Law Judge

• Present evidence and testimony supporting the claim

• Appeal unfavorable decisions through the workers compensation appeals process

This is where legal representation becomes invaluable. Insurance companies have experienced adjusters and attorneys protecting their interests. Your family deserves the same level of advocacy.

Johnston Law Firm, LLC can handle the entire process:

• Completing and filing all required forms

• Gathering and organizing medical evidence

• Communicating with the insurance carrier on your behalf

• Arguing your case before a judge if the claim is disputed

Need help filing or appealing a death benefits claim? Call (719) 309-9484 for assistance anywhere in Colorado.

Once you’ve filed your claim, you may also want to consider whether a third-party or wrongful death claim is appropriate in your situation.

When to Consider Third-Party or Wrongful Death Claims

Workers’ compensation is usually the exclusive remedy against the employer—meaning you typically cannot sue your loved one’s employer directly for a workplace death. However, additional claims may exist against other negligent parties who contributed to the fatal accident.

What Is a Third-Party Claim?

A third-party claim is a lawsuit against someone other than the employer whose negligence contributed to the worker’s death. Unlike workers’ comp, these claims are based on fault and can seek damages that workers’ compensation doesn’t provide.

Common Third-Party Scenarios

Additional Compensation Available

A third-party wrongful death or personal injury claim can seek compensation not available through workers’ comp alone:

• Pain and suffering experienced by the worker before death

• Loss of companionship for surviving family members

• Full lost income (not limited to two-thirds)

• Future earnings the worker would have provided

• Punitive damages in cases of gross negligence

Coordination With Workers’ Comp

Pursuing third-party claims alongside workers’ comp requires careful handling. Colorado has lien and subrogation rules that govern how settlements are coordinated:

• The workers’ comp insurance carrier may have a lien on any third-party recovery

• Settlements must be structured to comply with state law

• Failure to properly coordinate can result in losing benefits

Steve Johnston’s experience in both workers’ compensation and personal injury/automobile accident cases helps families evaluate all available avenues for recovery and navigate these complex coordination rules.

Estate Planning Considerations

In some cases, pursuing a wrongful death claim requires:

• Opening a probate estate for the deceased worker

• Appointing a personal representative to act on behalf of the estate

• Determining proper distribution of any settlement

Because Steve Johnston’s practice includes estate planning, he can advise families on these steps and ensure legal matters are handled properly from start to finish.

Want to know if a third-party claim exists in your case? Contact us online for a free review of potential wrongful death claims.

Understanding your legal options is crucial, but so is meeting important deadlines and staying organized throughout the process.

Deadlines and Practical Tips for Surviving Families

Missing deadlines can permanently bar your family from receiving Colorado workers’ comp death benefits. Understanding these time limits—and taking the right steps early—protects your rights during an incredibly difficult time.

Critical Time Limits

Failing to file a claim for death benefits within the specified time frame can result in the loss of the right to compensation.

Record-Keeping Tips

Start gathering and organizing important records immediately:

• Accident reports filed by the employer or OSHA

• Medical records from all treating providers

• Autopsy or coroner reports

• Pay stubs and tax returns documenting the worker’s average weekly wage

• Any communication from the employer or insurance carrier

• Photographs of the accident scene if available

What to Avoid

• Don’t sign settlement documents from the insurance carrier without having an attorney review them first

• Don’t give recorded statements to insurance adjusters before speaking with a lawyer—what you say can be used against your claim

• Don’t miss medical appointments if the case requires ongoing documentation

• Don’t assume a denial is final—many denied claims succeed on appeal

For Families in Rural Colorado

If you’re located in Otero, Fremont, Custer, Huerfano, Las Animas, Crowley Counties or other rural areas, you may wonder how to work with an attorney who isn’t in your immediate community.

Johnston Law Firm, LLC accommodates out-of-town and rural families through:

• Phone and video consultations

• Secure electronic document exchange

• Flexible scheduling for in-person meetings when needed

• Statewide representation before the Colorado Division of Workers’ Compensation

Attorney Fees

Johnston Law Firm generally handles workers’ comp and related claims on a contingency-fee basis. This means:

• No upfront fees to get started

• No attorney’s fees unless benefits or settlement are obtained

• The firm advances costs of pursuing your claim

This arrangement ensures that families can access legal help regardless of their current financial situation.

The sooner you act, the stronger your claim. Contact Steve Johnston as soon as possible after a workplace death to preserve your rights and evidence.

With these practical tips in mind, let’s discuss why working with an experienced attorney can make all the difference for your family.

Why Work With Johnston Law Firm, LLC After a Workplace Death?

Steve Johnston has deep roots in Pueblo, Colorado, and has dedicated his practice to helping injured workers and their families across the state. When a worker dies on the job, the family’s entire future can be thrown into uncertainty. Having an advocate who understands both the legal system and the human side of these tragedies makes a real difference.

A Broad Perspective on Complex Issues

Steve Johnston’s practice spans six key areas:

1. Workers’ compensation

2. Personal injury

3. Automobile accidents

4. Estate planning

5. Criminal law

6. Social security law

This combination matters for surviving families. A workplace death often involves overlapping legal issues:

• Coordinating workers’ compensation benefits with potential third-party claims

• Establishing estates and personal representatives for wrongful death suits

• Ensuring surviving spouses and dependent children have proper financial planning

• Navigating social security survivor benefits alongside workers’ comp

Rather than piecing together multiple attorneys, families can work with one firm that understands how these areas connect.

Statewide Representation, Local Knowledge

Johnston Law Firm, LLC represents clients throughout Colorado, with particular focus on Pueblo County and surrounding areas including Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties.

Steve Johnston understands the industries that drive employment in Southern Colorado—construction, manufacturing, transportation, agriculture—and the types of fatal injuries that occur in these sectors. This local knowledge helps build stronger cases.

What to Expect When You Call

• Free initial consultation to discuss your situation

• Contingency-fee representation for workers’ compensation and wrongful death claims

• Personal attention from an attorney who handles cases himself

• Honest assessment of your claim and what benefits may be available

You can review the firm’s client testimonials and case results to see how Johnston Law Firm has helped other families navigate similar challenges.

Your family deserves answers and support. Call (719) 309-9484 now or send us a message online for compassionate, one-on-one guidance from an experienced workers compensation attorney.

Talk With a Pueblo, Colorado Workers’ Compensation Attorney Today

No family should have to face the workers’ compensation system alone while grieving. The process is complicated, insurance carriers often try to deny liability or minimize what they pay, and the stakes—your family’s financial support and stability—are too high to leave to chance.

Early legal help can:

• Protect your family’s financial future

• Ensure all available workers compensation benefits are claimed

• Identify potential third-party or wrongful death claims

• Handle paperwork, deadlines, and negotiations while you focus on your family

Colorado workers’ comp death benefits exist to help families survive after losing a loved one to a work-related accident or illness. But receiving what you’re entitled to often requires fighting for it.

Steve Johnston is ready to help. Call (719) 309-9484 or contact Johnston Law Firm, LLC online today for a free, confidential consultation about your Colorado workers’ comp death benefits claim.