Has a beloved family member perished due to a work-related injury and illness? Are you struggling with not just grieving the loss of this person but trying to understand what to do next? If this describes what you’re going through, we want to share how deeply sorry we are for your loss.
At Eley Law Firm, we know how complex it is to navigate funeral arrangements, insurance, workers’ compensation, and ongoing medical expenses. It’s tough doing all that when you need the time and space to grieve them.
While nothing can replace your loved one, Eley Law Firm knows the remedies available to help those who survived them cope with the financial burden of the loss.
To talk over your options and see what forms of compensation you may be entitled to, contact Eley Law Firm to schedule a free death benefits consultation and case review.
Determining Death Benefit Eligibility
As dictated by the Colorado Workers’ Compensation Act under title 8-42-114, the deceased’s dependents can receive approximately 67% of their income if an individual dies due to workplace injuries. This income is not to be lower than 25% of the state’s average weekly wage and not to exceed 91% of it.
Dependents can also receive a portion of workers’ compensation benefits even if a worker died from non-work related injuries. Under title 8-42-116, as long as the deceased was receiving workers’ compensation benefits at the time of death, the surviving dependents could receive a portion of those benefits.
Legally, according to the IRS, a dependent can be considered a child, stepchild, brother, sister, or parent; special circumstances can affect the eligibility of those on this list. However, spouses cannot be considered as dependents.
What If The Deceased’s Family Has No Surviving Dependents?
If the deceased has no dependents, the employer will confer the surviving family or estate compensation to cover funeral costs and other medical bills under workers’ compensation. Death benefits can also cover medical expenses if the death occurred after the inciting event. This is found under title 8-42-115 of the Colorado Workers’ Compensation Act.
Additionally, the widow or widower of the deceased can receive a one-time lump sum payment and monthly survivor benefit payments from the Social Security Administration. Social security benefits may reduce other death benefits discussed in this section due to social security eligibility.
Other Situations That Can Affect Death Benefit Payments
Additionally, a person’s job at the time of their passing can impact what benefits an employee’s surviving family and dependents are entitled to receive.
For instance, Denver police officers and firefighters who are killed in the line of duty will have a portion of funeral expenses (ranging from $10,000 to $20,000) paid by the city of Denver.
Eley Law Firm Can Help You And Your Family With Your Loved One’s Death Benefits
Losing a cherished loved one is a difficult and traumatic experience. When that loss is due to a work-related injury or illness, it can be even more devastating.
At Eley Law Firm, we understand the emotional and financial toll it can take on you and your family. That’s why we’re here to help you navigate the complicated process of obtaining death benefits in Denver.
Contact us today for a free, no-obligation death benefit consultation and review.