If you die due to the work injury your dependents may be entitled to workers’ compensation benefits. The next question is, “Who are my dependents?”
Any individual may be a dependent if they can demonstrate the injured worker was substantially supporting them. “Support” is often monetary, however, there may be circumstances where the definition of dependency extends beyond financial support. Some individuals are presumed to be dependent. For example, spouses and children under the age of 18. In some cases, an individual may be considered a dependent up to the age of 21.
I am often asked, “What if I am not legally married, but we live as a married couple?” The Colorado Courts recognizes married, and common law married, to be presumed dependents. In 2020, however, the Supreme Court of Colorado expanded the definition of common law marriage. The Supreme Court opined the previous definition of common law marriage was too narrow. The Court continues to look to the parties’ conduct for evidence of an implied agreement to marry. Now, however, the definition considers the conduct of same sex couples and couples with cultural differences. Hosgett v. Neal