Can You File a Wrongful Death Claim for a Workplace Accident in Colorado?

 Posted on August 14, 2025 in Workplace Injury

Losing a loved one in a workplace accident is devastating, both emotionally and financially. For families who relied on that person for income and support, the aftermath can be overwhelming. In Colorado, the law allows certain surviving family members to file a wrongful death claim in addition to, or sometimes instead of, receiving workers’ compensation death benefits. Understanding when these claims are allowed and what compensation may be available is the first step toward seeking justice. A Larimer County, IL wrongful death attorney can explain your rights.

When Can You Sue Someone for a Workplace Death in Colorado?

Most workplace injuries and deaths fall under the responsibility of the state’s workers’ compensation system. This means employers usually cannot be sued directly by the employee’s family, even if there was negligence. However, when someone other than the employer is responsible for the death, a wrongful death lawsuit may be possible.

Under C.R.S. § 13-21-202, Colorado law permits certain family members to recover damages if the death was caused by someone’s negligence or wrongful act. The surviving spouse and children are first in line to file a claim.

Third parties who could be held liable include contractors, property owners, or manufacturers of defective machinery. For example, if your loved one died because a piece of equipment malfunctioned and the fault lies with the manufacturer, you may be able to sue that company for wrongful death.

What Damages Can You Recover From a Wrongful Death Claim in Colorado?

According to statute § 13-21-202, families may be eligible for financial and emotional damages after the death of a loved one. These may include funeral expenses, loss of income, and the emotional toll of losing a spouse, parent, or child.

However, under C.R.S. § 13-21-203, there are limits on certain types of compensation, especially for emotional loss. Courts may lift those limits in extreme cases involving gross negligence. If the defendant’s actions were especially egregious, C.R.S. § 13-21-102 may allow you to access exemplary damages, also known as punitive damages. These are not meant to compensate for anything. Instead, exemplary damages punish the defendant for their actions.

Who Can Make a Wrongful Death Claim after a Colorado Workplace Accident?

Colorado law clearly outlines who may file a wrongful death claim and when. Only certain family members are eligible, and they must file within the proper time frame. In most cases, claims must be filed within two years of the date of death. If you miss this deadline, the case could be dismissed.

Eligibility to file is limited to the following individuals:

• In the first year after the death, only the surviving spouse may bring a claim.

• In the second year, surviving children or a designated beneficiary may also file.

• If the deceased had no spouse or children, the parents may pursue the claim.

Only one wrongful death lawsuit is permitted, so all eligible parties must be included in that single case.

Contact a Larimer County, CO Wrongful Death Attorney for a Free Consultation

At Hoggatt Law Office, P.C., our Fort Collins, CO wrongful death lawyer is deeply committed to helping injured families. Attorney Hoggatt is a member of both the Colorado Trial Lawyers Association and the Workers’ Compensation Education Association, which are both dedicated to representing injury victims against insurance companies. He brings compassion and strength to every case. Call 970-225-2190 today for your free consultation. Se habla Español.