Utah Workers’ Compensation Death Benefits
If a worker dies in the course of his duties in Utah, does the employer/insurance company need to provide ongoing comp benefits to their family?
The Utah Workers’ Compensation Act states that: ongoing benefits to the deceased workers’ “dependents” shall be paid and then goes on to define defines who a dependent is:
(Title 34A Chapter 2 Section 403)
(b) A person may not be considered a dependent unless that person is:
(i) a member of the family of the deceased employee;
(ii) the spouse of the deceased employee;
(iii) a lineal descendant or ancestor of the deceased employee; or
(iv) a brother or sister of the deceased employee.
The Utah Supreme Court also looked at whether a “girlfriend” could receive comp benefits for a deceased worker and held (decided) that:
“An unmarried companion is not considered a member of the decedent’s family or related as husband or wife, regardless of the level of personal commitment or the good faith intention to assume a legal marriage relationship in the future.”
Crenshaw v. INDUS. COM’N OF UTAH, 712 P. 2d 247, 24 (Utah 1985)
