Each year in Colorado, thousands of people are injured or fall ill due to work-related incidents, entitling them to relief through their employer’s workers’ compensation coverage. However, over 100 Coloradans die each year as a result of their work-related injuries, and many of them leave behind families who may struggle to get by after the death of their loved ones. Fortunately, these families can often obtain financial compensation through a wrongful death claim.
When Can I File a Wrongful Death Claim in Colorado?
An employee can file a workers’ compensation claim when he or she has been injured on the job in the course of work, and the employee’s family members can file a wrongful death claim in a similar situation if the injuries lead to the employee’s death. The employee’s widow or widower has the first right to file a wrongful death suit within the first year after the death, and children and designated beneficiaries of the deceased can join the suit with the spouse’s consent. After the first year, children and other heirs can choose to file a suit without the spouse, and parents may file a suit if the employee has no designated heirs. In general, all wrongful death lawsuits must be filed within the two-year statute of limitations.
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