Workers’ Compensation Death Benefits

If an injured worker eventually dies, certain survivors have the right to receive death benefits through their states’ workers’ compensation systems in addition to workers’ compensation benefits fro workers for their job-related injuries and illnesses. If you are a dependent or a family member of an employee who died from sickness incurred in the course of your employment or from an injury, the Law Office of Mary E. Jeffers in Denver, Colorado can counsel you on your workers’ compensation death benefits.

In Colorado, as most jurisdictions, the right to workers’ compensation death benefits is usually created by state law. What follows is a description of death benefits in most states.

The two main relationships which are considered in the designation of beneficiaries of workers’ compensation death benefits are dependents, and members of the deceased family or household.

Death benefits are structured to provide monetary support for the people who suffer most from the injured worker’s death. Therefore, those dependent upon the worker for financial support will be the most impacted by the death of the worker. In Colorado, spouses and children are presumed to be dependent without having to provide proof. If there has been a severance of the marriage, such as a voluntary separation with financial independence, the surviving spouse is ineligible for death benefits.

Most states look at family relationships and household makeup. Sometimes states prescribe lists of familial relationships eligible for death benefits. In the event the state looks to household membership, unmarried cohabiting partners, in-laws, stepchildren or stepparents, or even unrelated persons may qualify for death benefits, so long as they were living in shared households with the deceased worker, especially where financial dependence was present.

If you are the surviving husband or wife, child, relative, dependent or household member of someone who died from a workers’ compensation accident, you probably have a claim for workers’ compensation benefits. Do not delay in filing a claim and obtaining legal advice since Colorado has time limitations. The skilled workers’ compensation law firm of Mary E. Jeffers can assist you in filing your claim.

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