Compensation and expenses payable on death of worker

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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.

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Compensation to dependants

Compensation and expenses payable on death of worker

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:

  1. for the year 2003, $10,000; and
  2. for each year after 2003, the amount mentioned in clause (a) adjusted annually by the percentage increase in the Consumer Price Index.

(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.

Other relevant sections from The Workers’ Compensation Act, 2013:

Compensation to dependants

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

General

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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