A Guide to Colorado Workers’ Compensation Death Benefits
Understand your rights to workers’ comp benefits and how to apply after the tragic death of a loved one at work in Denver
Key points about Colorado workers’ comp death benefits:
- For a worker’s dependents to qualify for workers’ comp death benefits, the worker’s death must be a direct result of their job or work environment.
- Colorado workers’ comp is a no-fault system, so eligible family members can typically receive death benefits even if the worker made a mistake that led to their death.
- Spouses and minor children are automatically considered dependents and are eligible for benefits. Other relatives may also qualify if they can show financial dependence on the deceased worker.
- Death benefits include compensation for funeral expenses and lost income, which can be paid weekly or in one lump-sum payment.
- To apply for death benefits, the spouse of the deceased or another eligible family member must complete and submit form WC18 to the Colorado Division of Workers’ Compensation within 2 years of the worker’s death and include supporting documents like the death certificate and proof of relationship (e.g., marriage certificate, birth certificates).
Losing a loved one because of a catastrophic work injury or occupational illness is heartbreaking—and for many families in Denver, the emotional toll is only made worse by the financial strain that follows. If your family member passed away because of something that happened on the job, you may be eligible for workers’ compensation death benefits under Colorado law.
In this article, we’ll explain what kinds of injuries and illnesses qualify, who can receive benefits, what those benefits include, and how to apply. We’re here to help you understand your rights and make sure you and your family are treated fairly during this incredibly difficult time.
If you have questions or would like assistance filing a claim for workers’ comp death benefits in Colorado, reach out to our experienced Denver work injury attorneys. Consultations are always free.
What is a fatal work injury?
Under Colorado law, a fatal work injury is any injury or illness caused by someone’s job that ultimately leads to their death. This could include something sudden, like heat stroke from working in extreme temperatures or a car accident while driving for work, or something that develops over time, like mesothelioma or silicosis from years of breathing in toxic substances.
What matters is that the injury or disease was caused by the person’s work duties or environment—not how quickly the death occurred after the accident or exposure.
This means that whether your loved one passed away on the job or months (or years) later from a job-related illness, your family might still be eligible for workers’ compensation death benefits in Colorado.
Which industry has the highest rate of fatal work injuries in Colorado?
According to the Colorado Department of Labor and Employment, transportation-related incidents continue to be the leading cause of fatal work injuries in the state, with 35 worker deaths reported in 2023.
Transportation has been the top cause of workplace fatalities in Colorado for over 10 years now.
These incidents most commonly involve workers like commercial truck drivers, construction workers, delivery drivers for companies like UPS and Amazon, law enforcement, and other first responders whose jobs require them to spend much of their time on the road.
Other top causes of work fatalities in Colorado in 2023 included:
- Falls, slips, and trips – 16 deaths
- Violence and assaults in the workplace from people or animals – 14 deaths
- Contact with heavy equipment or machinery – 12 deaths
- Exposure to harmful substances or hazardous conditions – 6 deaths
Who’s eligible for workers’ comp death benefits in Colorado?
Regardless of what led to the incident that caused a worker’s death, certain family members of the deceased are typically entitled to compensation through workers’ comp if:
- The worker was an eligible employee under Colorado law; and
- Their death was a direct result of their job duties or work environment.
Spouses and minor children are automatically presumed to be dependents, while other relatives, like parents, grandparents, siblings, or adult children, may also qualify if they can prove they were financially dependent on the deceased worker.
It’s also important to understand that Colorado workers’ comp is a no-fault system, so families can receive death benefits without having to prove the employer was at fault.
In most cases, even if the worker made a mistake—like turning in front of another car after misjudging the vehicle’s speed—families should still be entitled to compensation.
When To Hire a Colorado Workers’ Comp Lawyer
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What death benefits are available in Colorado after a fatal injury at work?
If a worker dies due to a job-related injury or illness, Colorado’s workers’ compensation system provides several types of financial support to eligible family members. As of July 1, 2025, these benefits include:
- Medical expenses. This covers medical costs from the date and time of the injury to the time of death.
- Weekly death benefits. In Colorado, weekly death benefits for dependents are typically calculated as two-thirds of the deceased worker’s average weekly wage. These benefits are not taxable, so the weekly benefit amount may be similar to the deceased’s regular take-home pay. For 2025, the maximum benefit is $1,396.85 per week, and the minimum benefit is $349.21 (or 25% of the maximum).
- Lump-sum benefits. A sole dependent may receive up to $128,851.00 as a one-time payment instead of weekly benefits. In cases with multiple dependents, the total combined lump-sum payout cannot exceed $257,698.76. These figures could change annually.
- Funeral and burial expenses. Up to $14,206.62 is available to help cover costs related to the worker’s funeral.
These benefits are intended to ease the financial burden on families during an incredibly difficult time. If you have questions about how much your family is entitled to or need help applying, reach out to our Colorado workers’ compensation law firm so we can make the process clearer and less stressful.
How do families apply for workers’ comp death benefits in Colorado?
To file a claim for workers’ comp death benefits in Colorado, the spouse of the deceased or another eligible dependent will need to fill out form WC18, “Dependent’s Notice and Claim for Compensation.”
It must either be emailed to cdle_workers_compensation@state.co.us or mailed to the Colorado Division of Workers’ Compensation, Customer Service Unit, 633 17th St., Suite 400, Denver, CO 80202-3626 within 2 years from the date of death.
If you’re sending the claim in the mail, you should include 2 copies, one of which will be forwarded to the employer’s workers’ comp insurance company. You will also need to include a copy of the death certificate, as well as the marriage certificate(s) and children’s birth certificate (if applicable).
Once the insurer receives the claim form, they have 20 days to approve or deny it. If the claim is denied, you have the right to appeal, but you should seek help from an attorney who specializes in these types of claims to ensure your right to compensation is protected.
Get help from an experienced Colorado workers’ compensation law firm
While the process of filing for death benefits is intended to be fairly straightforward, trying to understand the fine print and calculate the benefits yourself during a time of grief can be overwhelming.
If you’ve lost a loved one in a work accident in Colorado and have questions or need help filing a claim, reach out to the Denver workers’ compensation attorneys at Babcock Tucker. We can guide you through the process and handle all the legal paperwork for you to help ensure your family gets the full compensation they deserve.
Get started by scheduling a free consultation with Babcock Tucker today.
References
2025 Max Benefits Order.pdf. (2025). Box.com. https://codwc.app.box.com/s/lenjqlwzm4lajy8ytnp5n5keu2fdb31a
Press Release: Colorado Work-Related Fatalities Decreased in 2023 | Department of Labor & Employment. (2025, January 3). Colorado.gov. https://cdle.colorado.gov/press-releases/press-release-colorado-work-related-fatalities-decreased-in-2023
