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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