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If there are only dependent children
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Read excerpts from the WCB’s governing legislation on compensation if there are only dependent children of a worker who has died from a workplace injury.
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Compensation to dependants
If there are only dependent children
85 (1) If the only dependants of a deceased worker are children, a monthly allowance for each child under the age of 18 years must be paid in an amount determined by the board in accordance with subsection (2).
(2) The amount of the monthly allowance mentioned in subsection (1) is $399.58 in 2013, adjusted annually by the percentage increase in the Consumer Price Index.
(3) For the purposes of subsection (2), 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 monthly allowance for the year following the year in which the calculation is made.
(4) If the dependants are children, both of whose parents are deceased, the board in its discretion may pay to each child under the age of 18 years, in addition to any other amount payable to the child, any amount that the board may determine.
(5) A child with a disability who is physically or mentally restricted in his or her ability to earn a livelihood must continue to receive compensation mentioned in subsection (1) after he or she has reached the age of majority and for as long as he or she remains so restricted.
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
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
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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