Can I Pursue a Wrongful Death Claim for a Work-Related Accident?

 Posted on August 27, 2020 in Wrongful Death

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.

What Damages Can I Recover Through a Wrongful Death Lawsuit?

The deceased employee’s family members can pursue recovery for many of the same damages that the employee could have obtained through workers’ compensation. This may include economic damages such as medical expenses, property damage, and loss of income, benefits, and earning potential, as well as non-economic damages for pain and suffering before the employee’s death. In a wrongful death case, the spouse and heirs can also seek compensation for funeral expenses, grief, and loss of companionship. An attorney can help you identify all of the damages for which compensation may be possible and build a case for a fair resolution.

Contact a Ft. Collins Wrongful Death Attorney

At Hoggatt Injury Law, we know how hard it is to lose a loved one in an accident, especially when you have relied on him or her to provide for your family. Our attorneys have experience with both workers’ compensation and wrongful death cases in the oil and gas, construction, and trucking industries, among others, and we will use our knowledge to help you obtain the compensation you deserve. Contact a qualified Larimer County wrongful death lawyer today at 970-225-2190 to schedule a free consultation.

Sources:

https://www.colorado.gov/pacific/cdphe/workplace-safety-data-and-reports#:~:text=Each%20year%2C%20on%20average%2C%20112,ill%20from%20work%2Drelated%20exposures.

http://www.lpdirect.net/casb/crs/13-21-202.html

http://www.lpdirect.net/casb/crs/13-21-203.html