If a claimant dies because of an industrial accident or an occupational disease, their dependents will receive 66 2/3rd of the claimant’s average weekly wage up to a state maximum. If their dependents are wholly dependent on them at the time of the claimant’s death, they will receive the full 66 2/3% of Claimant’s average weekly wage. If certain individuals are only partially dependent upon the claimant at the time of the death, those dependents may receive reduced benefits in an amount determined by the Director of the Division of Worker’s Compensation. Death benefits also include medical and hospital bills, and funeral expenses up to $7,000.00. Death benefits must be paid to a dependent widow or widower for life or until remarriage. If there are no dependent children at the time of remarriage, a 2-year lump sum benefits without discount will be paid to the widow or widower. With respect to dependents who are minors (under 21), benefits to each dependent minor child end at the time the child reaches 18 years of age unless they are enrolled in courses of studies as full-time students in any accredited school, in which case the benefits will only continue until they reach 21 years of age. (Sections 8-41-501 through 8-41-505, and 8-42-114 through 8-42-123, C.R.S.)
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Suite 300
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355