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Other benefits to be taken into account
Read excerpts from the WCB’s governing legislation on other benefits to be taken into account for dependants of a worker who has died from a workplace injury.
General
Other benefits to be taken into account
96 (1) In fixing the amount of compensation to be paid to a worker or the worker’s dependants, the board may deduct any payment, allowance or benefit paid to the worker or worker’s dependants by the worker’s employer with respect to the injury, including any gratuity or other allowance provided wholly at the expense of the employer.
(2) If the compensation is payable out of the fund, any amount deducted from the compensation pursuant to subsection (1) may be paid to the employer out of the fund.
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
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
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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