February 19, 2015
Resuming FAQs about Colorado Workers’ Comp Death Benefits (Pt. 1), here, we will answer some more frequently asked questions about these benefits.
Colorado Workers’ Comp Death Benefits: More Important Info
Q: How much can people receive when they’re approved for Colorado workers’ comp death benefits?
A: Typically, Colorado workers’ comp death benefits are 2/3 of the average weekly wages of the deceased worker. This amount, however:
- Can be no less than 25 percent of the maximum weekly amount that applies to the given situation
- Can be no more than 91 percent of the average weekly wage earned in Colorado (in the event that the contributing work accident occurred after July 1989).
Here, it’s also crucial for people to be aware of the fact that relationship a recipient had with the decedent can impact how long Colorado workers’ comp death benefits are paid. In fact, although children may not receive Colorado workers’ comp death benefits after they turn 18, a widow may continue receiving Colorado workers’ comp death benefits until she remarries or passes away.
Q: What happens in the event that someone receiving workers’ comp benefits dies?
A: In many cases, Colorado workers’ comp death benefits will be paid when workers die as a result of on-the-job accidents or fatal workplace injuries. However, these benefits may also be paid out when a person who had been receiving Colorado workers’ comp benefits (due to a workplace injury) ends up passing away – even if the cause of death ends up being a non-work-related accident (such as a car accident).
In these cases, the spouse (and/or other dependents) may be entitled to a portion of the workers’ comp benefits that the deceased individual had been awarded/getting before passing away.
This, however, is a more specialized case related to Colorado workers’ comp death benefits, and having an experienced lawyer like Denver Attorney Jennifer Bisset represent you in such cases can be crucial to:
- Understanding your entitlements
- Effectively asserting your rights
- Securing the benefits you deserve.
Q: Will other benefits affect my eligibility to receive Colorado workers’ comp death benefits?
A: Maybe. Depending on the other benefits you may be getting when you apply for Colorado workers’ comp death benefits, these death benefits may be reduced proportionally. Generally, the types of benefits that can impact the amount or awards for Colorado workers’ comp death benefits include federal death benefits, death benefits being collected from other states’ workers’ comp systems, and disability insurance benefits.
Here, however, we want to highlight the facts that:
- Receiving other benefits cannot result in your Colorado workers’ comp death benefits being reduced to nothing. In other words, while your receipt of other benefits can reduce the amount of Colorado workers’ comp death benefits you end up receiving, it cannot make you ineligible to receive benefits.
- The best way to protect your rights to receive Colorado workers’ comp death benefits is to contact Denver Attorney Jennifer Bisset.
Don’t miss the upcoming conclusion to this blog series for some more important answers regarding Colorado workers’ comp death benefits.
Denver Workers’ Compensation Lawyer at the Bisset Law Firm
Have you been hurt at work? Or have you lost a loved one to a fatal workplace accident or injury? If so, Denver Workers’ Compensation Attorney Jennifer Bisset wants you to know that she is here for you, ready to aggressively advocate your rights and help you obtain the benefits you need and deserve.
Contact Denver Workers’ Compensation Lawyer Jennifer Bisset by calling (303) 894-8900 to learn more about your rights and receive a professional evaluation of your case. You can also email our firm using the contact form on the right side of this page.
From her office based in Denver, Jennifer Bisset provides superior legal services to injured people throughout Denver County and the state of Colorado.