Read excerpts from the WCB’s governing legislation on compensation and expenses payable on the death of a worker who has died as a result of a workplace injury.
80 (1) Compensation is payable in accordance with sections 81 to 86 to the dependants of a worker who died or who dies after January 1, 1983 as a result of the worker’s injury.
(2) In addition to any compensation payable pursuant to this Act to a worker’s dependants, the board shall also pay:
(a) a fixed amount determined in accordance with subsection (3) to assist with necessary expenses of the death of the worker, including burial; and
(b) if the death of the worker occurred at a place other than the worker’s usual place of residence and, in the opinion of the board, transportation of the body to the usual place of residence is desirable, the necessary expenses of that transportation within Canada.
(3) The amount of the fixed amount mentioned in clause (2)(a) is:
(4) For the purposes of subsection (3), the percentage increase in the Consumer Price Index must be the percentage increase for the 12 months ending on November 30 in each year, and that percentage increase must be applied to determine the fixed amount for the year following the year in which the calculation is made.
Surviving dependent spouse – Section 81
If dependants do not live together – Section 82
Certain dependent children 18 to 25 years – Section 83
Adopting parent, etc., of dependent children – Section 84
If there are only dependent children – Section 85
Other dependants – Section 86
Partial dependency – Section 87
Proof of necessities, etc. – Section 88
Compensation reduced by certain benefits under Canada Pension Plan – Section 95
Other benefits to be taken into account – Section 96
If worker or dependant under legal disability – Section 97
Board may fix periods of payment – Section 98
Suspension of payment – Section 99
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Extended services unit
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