If dependants do not live together

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Read excerpts from the WCB’s governing legislation on compensation if dependants of a worker who has died from a workplace injury do not live together.

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Compensation to dependants

If dependants do not live together

82 If the board determines that there is a dependent spouse and one or more additional dependants of the deceased worker and that they do not live together as a family unit, the board may, in its discretion, divide the payment mentioned in section 81 among those dependants in any manner that it considers just and equitable.

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

Compensation to dependants

Compensation and expenses payable on death of worker – Section 80

Surviving dependent spouse  – Section 81

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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