For families

A guide to WSIB benefits and services and other important information for survivors

About this guide

At the WSIB, we’re here to help. This guide has important information for survivors and details on WSIB benefits and services. We developed the guide in partnership with Threads of Life, a not-for- profit organization that supports families who have lost a loved one to a workplace injury or illness.

Families who have experienced a workplace tragedy reviewed the guide and gave us valuable tips and insight on what they felt it should include. We want to thank them for their guidance and help.

The WSIB

When you lose a loved one to a workplace injury or illness, we’re here to help. Our specially trained, professional employees are available to answer your questions and guide you through the claim process for WSIB benefits.

We’re here to help

A death of a loved one can leave you shocked, overwhelmed and in need of immediate support. Our crisis intervention counsellors may provide emotional and practical support in the days, weeks and months following a loved one’s death. This can include:

• contacting family members for you
• helping with funeral arrangements
• helping you complete forms
• contacting school counsellors
• setting up ongoing grief counselling
• explaining what WSIB benefits you are eligible to receive
• helping you through the difficult time

Another WSIB employee may also call you. They will determine if you are eligible for WSIB benefits and co-ordinate WSIB services.

Getting in touch with us

If you have lost a family member due to a workplace incident and have not heard from us, please call us at 1-800-387-0750 from 7:30 a.m. to 6 p.m., Monday to Friday and we will arrange for a crisis intervention counsellor or nurse to call you as soon as possible.

For more information on the WSIB, visit wsib.ca.

Useful WSIB terms and definitions

Consumer price index

The consumer price index (CPI) is set annually by Statistics Canada and reflects the change in average shopping costs for Canadians due to the rise and fall of the dollar.

Dependants

Family members of a person who are entirely or partly dependent on their earnings.

Dependent child

A child of the worker who was wholly or partly dependent on the worker’s earnings at the time of the worker’s death, including a child to whom the worker has demonstrated a settled intention to treat as a child of the family (WSIB Policy 20-01-02).

Material change

Changes that affect entitlement to WSIB services and benefits. Some examples of material change are: receiving benefits under the Canada Pension Plan (CPP) survivor's pension or

children no longer attending school.

Net average earnings

Calculated by deducting probable income tax, Canada Pension Plan (CPP) premiums and employment insurance premiums from a person’s earnings.

Spouses

Spouse means a person

• to whom a person is married, or
• with whom the person is living in a conjugal relationship outside marriage if the two persons
• have cohabited for at least one year
• are together the parents of a child, or
• have together entered into a cohabitation agreement under s.53 of the Family Law Act.

Survivor

A spouse, child, or dependant of a deceased person.

WSIB survivor benefits

We provide benefits and services for surviving spouses and dependants designed to support and help you. If there is no surviving spouse or children, other dependants may be eligible for survivor benefits (e.g., parents).

Funeral and transportation costs

We pay all expenses reasonably connected to burial or cremation and can pay these expenses directly. We may also pay for expenses to bring your family member home for burial.

Bereavement counselling

We offer grief counselling for spouses and children. You can request grief counselling at any time during the first year from the date on which entitlement was accepted.

Support to rejoin the workforce

We provide help for spouses entering or returning to the workforce. If you think you may need this help, you need to request it within one year from the date on which entitlement in the claim was accepted and services can be deferred as appropriate.

Payments to survivors

We pay spouses and/or dependent children a lump-sum payment and a continuing monthly payment. The amount of these payments will be different for every claim.

Lump-sum payment

Surviving spouses

You are eligible to receive a one-time lump sum payment. Using age 40 as a starting point for the base amount, your lump sum will decrease for every year you are over 40 and increase for every year you are under 40. We determine the base amount and percentage increase or decrease using the cost of living index (CPI) and the index changes each year on January 1. There is also a maximum and a minimum payment.

Example:

• You are 38 when your loved one passes away.
• Based on figure 1, you will receive a $42,000 lump sum payment. Please note, figure 1 is an example. The base amount changes every year to reflect the cost of living index.

No spouse but dependent children

To receive survivor benefits, dependent children must be either:

• under age 19, or
• under age 30 and enrolled in an educational program.

Dependent children equally share the lump sum payment that would have been paid to a dependent spouse at age 40. We pay the lump sum to a dependent child if not a minor, or to the dependent child’s guardian, a parent or the Public Guardian and Trustee if the child is a minor.  

If a child is not a minor and is incapable of managing their own affairs, the payments to which the child is entitled may be paid on behalf of the child to the guardian, attorney or the Public Guardian and Trustee. The WSIB may also make payments to a person it considers to be acting in the child's best interest. These payments may be applied in a manner that the WSIB considers to be in the child's best interest. 

Separated spouses

If you are separated from the person who died, you are eligible to receive benefits if:

• the person made support payments to you at the time of their death, or
• you were financially dependent on the person at the time of their death.

If more than one person is eligible for spousal benefits, the lump sum payment is shared. The split is based on the age of the current spouse. The separated spouse receives a maximum lump sum amount less the current spouse’s lump sum benefit.  

Monthly payments

Surviving spouses with no children

As a surviving spouse, you are eligible to receive a monthly ongoing benefit. To determine the amount, we first look at your spouse’s earnings on the date of injury or illness. You will receive a percentage of the net average earnings.

The percentage is based on your age at the time of your spouse’s death and what other dependants are eligible to receive (different scenarios explained below). The monthly benefit payment decreases one per cent for every year you are younger than 40, to a minimum of 20 per cent, and increases 1 per cent for every year you are older than 40, to a maximum of 60 per cent (see figure 2).

Every year we update your monthly benefit to reflect the annual rate of inflation.

Surviving spouse with dependent children

If you are a surviving spouse with dependent children, your monthly benefits will be based on the percentage of your spouse’s net average earnings. The percentage is based on how many dependents are eligible to receive monthly benefits (e.g. children from previous relationship or dependent ex- spouse) at the time of the injured or ill person’s death, up to a maximum amount.

When your first child turns 19, we will review your benefit. If your child is enrolled in an educational program, we will subtract up to 10 per cent of your payment and pay it directly to your child. This benefit is paid until your child completes a degree, diploma or certificate program, or turns 30, whichever comes first.

When your child is no longer entitled to the 10 per cent payment, it goes back to you if one or more dependent children remain in your care and custody. When your youngest child turns 19, your monthly benefits are adjusted to reflect your age on your child’s 19th birthday.

No surviving spouse but dependent children

If you are a dependent child, under 19 and your parent had no surviving spouse, you are eligible for lump sum or monthly payments until you complete a degree, diploma or certificate program, or turn 30, whichever comes first.

The total combined payments to all dependent children cannot exceed 85 per cent of a parent’s net average earnings. The first (or only) child receives 30 per cent of their parent’s net average earnings until the age of 19. At 19, the amount drops to 10 per cent. If there is more than one dependent child, then 10 per cent is paid to each additional child. For example:

• First child — 30 per cent
• Second child — 10 per cent
• Third child — 10 per cent

Dependent children unable to work

If a dependent child is unable to work because of a physical or mental disability, the monthly benefit payment will continue until they start earning wages or die. You must provide medical evidence that supports a physical or mental health condition.

Other dependants but no surviving spouse or children

To receive benefits, other dependants (e.g., parents) must prove they were financially dependent on their family member. Benefits will be paid for as long as the person who died would reasonably have been expected to provide support. The maximum benefit is 50 per cent of the person’s net average earnings at the time of their death.

Separated spouses

If more than one person is entitled to spousal benefits, the ongoing monthly payments are shared. Entitlement criteria for a separated spouse is based on a separation agreement or court order or if none exists then on evidence of financial dependency. 

Your crisis intervention counsellor can provide more information about our benefits and services and how we calculate payments. You can also find the most up-to-date survivor payment information on our website.

Receiving your benefits

If we get the information we need quickly, we usually start paying benefits within a few weeks. To make this process easier, your crisis intervention counsellor will help you:

• complete the WSIB’s Dependency Claim form, and 
• explain what documents you need to submit with your claim (e.g., birth certificates, marriage certificate, death certificate).

Your counsellor can also make copies of the documents for you and submit them to the claim file. The WSIB can also help you submit documents online. 

If you disagree with a WSIB decision

If you disagree with a decision, you can call us to discuss the decision and your options. All decision letters come with a written explanation of why we made the decision, an invitation to discuss your concerns with the decision-maker, and information on appealing the decision.

Office of the Worker Adviser

An agency of the Ministry of Labour, Immigration, Training and Skills Development, the Office of the Worker Adviser (OWA), provides information and advice on workplace insurance and compensation and appealing WSIB decisions to non-unionized survivors of workplace-related deaths. This service is free and confidential.

Office of the Worker Adviser

Toll-free phone
1-800-435-8980 (English)
1-800-661-6365 (French)

Website: owa.gov.on.ca

Union members

If your family member was a member of a union, the union can provide help and advice.

Option to sue when a third party is involved

The WSIB provides benefits and services to dependents who have lost a loved one due to a workplace injury or illness under a no-fault insurance system. This means generally the person’s family and estate cannot sue.  

When a third party caused the workplace incident, you may have to decide whether to accept WSIB benefits or seek compensation through your own lawsuit. A third party is generally a person or business that is not covered by the workplace safety insurance system and who may be responsible for the incident. Examples of third parties include members of the general public, the owner of a residential property or the manufacturer of a defective product. If a third party is responsible for the incident, you have the right to sue them for the death of your family member. You will need to choose between accepting WSIB benefits or suing the third party. 

If we receive information that suggests a third party may have been involved, we will give you an information package and an election form explaining your options. You have the right to speak with a lawyer before making your decision. You will have up to three months from the date of the incident to make your decision and let us know what you have decided. While you are making your decision, we will collect information to make a decision about your claim and pay any benefits you may be entitled to. We will continue to pay benefits for up to three months from the date of the incident. 

If you do not return the election form within three months or if you return the election form within three months but choose to pursue a lawsuit against the third parties, WSIB benefits will cease. WSIB benefits paid to you will need to be reimbursed from the proceeds of your lawsuit. If you need more information or have questions, you can call us.

Responding to media calls

When someone dies at a workplace, the media usually report on it. Members of the media may contact you, your family or friends for a comment. You can set boundaries with the media — do only what you are comfortable with.

• You do not have to speak to the media if you don’t want to. Simply tell them that you have no comment.
• If you choose to speak to the media, you may want a spokesperson. This can be a family member or a friend of the family. 
• Always ask the name of the journalist and what media outlet they represent. Take all contact numbers.
• Don’t feel pressured. You can tell the reporter that you will call them back if you are feeling rushed, you are not ready to talk or if you have changed your mind and no longer want to speak to them. 
• Be firm about what you do and do not want to discuss with the media. Talk with your family members and be very clear as a family about what is okay to say publicly. 
• If you do speak with the media, avoid speculation or guessing.
• If you are not comfortable with a question, don’t answer it.

Investigations

Workplace deaths are investigated by one or more organizations. Your WSIB crisis intervention counsellor can help you find out who is or will be involved.

• The Ministry of Labour, Immigration, Training and Skills Development investigates all workplace deaths within its jurisdiction (i.e., deaths that happen in Ontario or involve an employer based in Ontario). Workplace deaths in agriculture, federally regulated organizations or traffic accidents on public roadways are not usually within the Ministry of Labour, Immigration, Training and Skills Development of Ontario’s jurisdiction.
• The Employment and Social Development Canada Labour Program investigates workplace deaths in federally regulated organizations.
• The Office of the Chief Coroner investigates all accidental deaths in Ontario and, in some cases, an inquest may be held. 
• Depending on circumstances, other agencies (e.g., the police) may also investigate.

The Ministry of Labour, Immigration, Training and Skills Development of Ontario

The Ministry of Labour, Immigration, Training and Skills Development of Ontario enforces the Occupational Health and Safety Act and its regulations to protect people from work-related injury and illness.

Investigation by the Ministry of Labour, Immigration, Training and Skills Development of Ontario

If your family member dies from a work-related injury, a representative from the Ministry of Labour, Immigration, Training and Skills Development of Ontario will contact you by mail and call you, normally within three weeks of the incident. The representative will let you know about the status of its investigation (e.g., still ongoing), but cannot discuss details. They will also answer any questions you have about the role of the Ministry of Labour, Immigration, Training and Skills Development in the investigation. When you speak to someone from the ministry, write down their name and phone number. Ask when you can expect to hear from them again and set a date for your next call.

If someone from the ministry has not called you, your WSIB crisis intervention counsellor can help. They will contact the ministry and ask that a representative call you.

Once the investigation is complete, the ministry will review the investigation report. If prosecution for violations of the Occupational Health and Safety Act is warranted, charges will be laid within two years of the date of the offence. The manager will inform the family if and when charges are laid. If charges are laid, the manager will, advise the family of important court dates and provide contact information for the ministry lawyer handling the prosecution.

If there are charges, the ministry representative will let you know. You will receive a notice if it goes to court. If you choose to attend the trial, your WSIB crisis intervention counsellor will be available for support. The investigation report will be available after the trial is over.

To get a copy of the report, you can call the Freedom of Information and Privacy Office at 416-326-7786.

Ministry of Labour, Immigration, Training and Skills Development

400 University Avenue 14th Floor
Toronto, ON M7A 1T7

Toll-free phone: 1-877-202-0008
Website: labour.gov.on.ca
Email: webohs@ontario.ca

The Office of the Chief Coroner for Ontario

The Office of the Chief Coroner for Ontario is responsible for fatality investigations in the province, which can include ordering autopsies and leading inquests.

Autopsies

The coroner may need an autopsy to determine cause of death. Usually, an autopsy takes place within 24 hours of death. If the circumstances of the death are complex or involve many investigators (e.g., police, Ministry of Labour, Immigration, Training and Skills Development of Ontario) the autopsy may be delayed by a day or two. Every effort is made not to inconvenience the family or to interfere with religious or cultural practices.

Autopsy or coroner’s report

The pathologist who performs the autopsy will provide an opinion on the cause of death and submit a report to the coroner. The coroner looks at the report and other investigative findings to determine the cause and manner of death. It can be several months before all of the information is available, and the more complex the circumstances, the longer it may take.

You can get the following documents from the coroner by requesting them in writing and indicating your relationship (e.g., spouse, child):

• a copy of the coroner’s information summary,
• the toxicology report (if performed), and
• the post-mortem report (if there was an autopsy).

You can also ask that the reports be sent directly to a third party (e.g., family doctor or a legal or insurance representative).

Coroner’s inquest

A coroner’s inquest is a public hearing to investigate the circumstances of a death. At the inquest, the jury (five members of the community) determine:

• Who was the person who died? 
• How did the person die? 
• By what means did the person die? 
• Where did the person die?
• When did the person die?

An inquest usually won’t take place until the Ministry of Labour, Immigration, Training and Skills Development’s criminal proceedings are complete. Inquests are mandatory for work-related deaths in mining or construction. If you would like to request an inquest into your family member’s death, you can make a request to the coroner. The coroner will consult with the Office of the Chief Coroner and make a decision.

Attending the inquest

If you want to attend the inquest and/or participate, you can apply through the coroner. This is called a standing request. The inquest may not take place until several years following your loved one’s death.

Going through an inquest can be difficult. Details that come up may reopen wounds that you may have thought were healed. Feelings of loss and anger may resurface and leave you feeling drained and hurt, again. You can call us and we will be available to support you through the process. If you received grief counselling in the past and would like to meet with the counsellor again, your WSIB crisis intervention counsellor will make sure you have support.

Inquest recommendations

After the inquest, the jury may make recommendations to help improve public safety and to prevent further deaths in similar circumstances. Implementing these recommendations isn’t mandatory, but in most cases, there is an effort made to implement them.

Office of the Chief Coroner
25 Morton Shulman Ave, 
Toronto, ON  M3M 0B1

Toll-free phone: 1-866-517-0571
Website: https://www.ontario.ca/page/office-chief-coroner-and-ontario-forensic-pathology-service 

Other helpful information

We’ve made a list to give you an idea of what you may need to do during this difficult time. It’s not a complete list and not everything will apply to your situation. You should also visit the Ontario Government’s website for answers to common questions about what to do, and what support is available, when a loved one dies in Ontario.

Canada Pension Plan

The Canada Pension Plan (CPP) provides contributors and their families with partial replacement of earnings in the case of retirement, disability or death.

When someone dies, the CPP pays survivor benefits to a(n):

• estate
• surviving spouse or common-law partner
• dependent children

There are three types of benefits available to people who have made contributions to the CPP.

• The death benefit is a one-time payment to, or on behalf of, the estate of a contributor who has died.
• The survivor’s pension is a monthly pension paid to the surviving spouse or common-law partner.
• The children’s benefit is a monthly benefit for dependent children.

Applying for Canada Pension Plan benefits

It is important to apply for CPP benefits. If you don’t apply, you may miss out.

You must complete an application for each type of benefit. Usually, you can get application forms from funeral homes and funeral directors often offer to help complete these forms. You can also apply online. Your WSIB crisis intervention counsellor can also help you complete these forms.

Receiving Canada Pension Plan benefits

It’ll take several weeks for the CPP to process your application(s). Benefits start the month following the contributor’s death. The benefit for funeral expenses is paid as soon as they process your application.

Canada Pension Plan
Toll-free phone:
1-800-277-9914 (English)
1-800-277-9915 (French)

Wills

• Review the will to see if there are any instructions regarding funeral arrangements. 
• If there is no will, the individual is said to have died intestate. The estate will be distributed according to the law. You may want to contact a lawyer to guide you through this process.
• If there is no will, you (or your lawyer) may have to apply for a Letter of Administration with Will Annexed from the Ontario courts.

Proof of death and death certificate

• Funeral homes automatically provide proof of death certificates that you can use in certain situations.
• There are some organizations and situations (e.g., settling an estate, insurance purposes), that may require an official death certificate from the Province of Ontario. Once the death is registered by the funeral home (it can take up to 12 weeks), the next of kin, executor or estate administrator may apply for a death certificate. Death certificate applications can be made online, or by mail or fax, or in person.

Bank accounts, credit cards and insurance

• If you had a joint account, you will still have access but will need to change the account into the survivor’s name only, or set up a new account. If your loved one who died had a separate bank account in their name only, the bank freezes the funds and they become part of the estate.
• Cancel credit cards.
• Contact insurers (home, car, other).
• Check for mortgage insurance and arrange to update any mortgage related documents.
• Determine assets and liabilities. Contact insurance companies, brokers, employers, financial institutions, etc.

Government offices

• If your loved one was receiving benefits from any government agency at the time of their death (e.g., Old Age Security), contact the agency and stop the benefit payments. Check to see if survivor’s benefits are available.
• The executor should contact the necessary government offices (e.g., Service Canada) to cancel documentation, including Canadian passport, citizenship card, health card, driver’s licence, firearms licence, social insurance number, etc.
• Get your loved one’s tax returns from last year and file any T1 returns for previous years with the Canada Revenue Agency. File an income tax return for the current year with the Canada Revenue Agency. There are many tax rules that apply when someone has died. For general information, contact the Canada Revenue Agency.

Service Canada
Toll-free phone: 1-800-OCANADA (1-800-622-6232)
Website: Canada.ca

Canada Revenue Agency
Toll-free phone: 1-800-959-8281
Website: Canada.ca/revenue-agency

Information for new Canadians

Recent immigrants to Canada may also want to contact the consulate for their country of birth. This would apply to Canadians with dual citizenship and permanent residents of Canada.

Law Society of Upper Canada

The Law Society’s Lawyer Referral Service matches people with local lawyers. A member directory, with lawyers’ contact information, is also available online.

Law Society of Upper Canada
The Law Society — Lawyer Referral Service Osgoode Hall
130 Queen St. W. Toronto, ON M5H 2N6
Toll-free phone: 1-800-668-7380
Website: lsuc.on.ca

Legal Aid Ontario

Legal aid is available to low-income individuals for a variety of legal situations. This includes disability support and family benefits payments.

Legal Aid Ontario
375 University Ave., Suite 404 
Toronto, ON M5G 2G1
Toll-free phone: 1-800-668-8258
Website: legalaid.on.ca

Support organizations

Threads of Life

Threads of Life is a national registered charity dedicated to supporting families who have been affected by a workplace tragedy. Their mission is to help families heal through a community of support and to promote the elimination of life-altering workplace injuries, illnesses and deaths.

How Threads of Life can help

Threads of Life members often say, “this is the club nobody wants to join.” While your experience is unique, there are others who’ve lived in the aftermath of a work-related death, serious injury or disease, and they understand what you’re going through. 

• Threads of Life provides:
  compassion and understanding no matter where you are along your journey
• ways to cope and meet others in safe community
• opportunities to raise awareness of the importance of workplace safety

Programs are free for individuals or family members who experienced a work-related tragedy, they include:
Volunteer family guides — Speaking with a trained listener who has experienced a work-related tragedy similar to yours and who understands what you’re going through
Family forums — Participating in annual events where Threads of Life members host workshops, share their stories to learn new ways to cope with tragedy
Families connect — Learning from others in a supportive community through monthly online workshops led by a knowledgeable facilitator
Ways to make a difference — Participating in the Steps for Life walk to honour lives forever changed, or sharing your story to help others

Threads of Life
Toll-free phone: 1-888-567-9490
Email: contact@threadsoflife.ca
Website: threadsoflife.ca

Other organizations

Bereaved Families of Ontario

Bereaved Families provides support for people who’ve lost a family member by connecting you with someone to talk to. 

Phone: 416-440-0290
Email: info@bereavedfamilies.net
Website: bereavedfamilies.net 

Ontario Distress Centres

Distress Centres across Ontario are staffed by volunteers who provide support and a variety of services to their communities.

Website: dcontario.org

Ontario Psychological Association

The Ontario Psychological Association offers a free, confidential referral service to help you find a psychologist in your area. 
Toll-free phone: 1-416-961-5552

Website: psych.on.ca 

Kids Help Phone

Kids Help Phone offers counselling in French and English to kids aged 4 to 19 and will help adults aged 20 and over find counselling services.

Toll-free phone: 1-800-668-6868
Text: Text CONNECT to 686868 (no charge for sending or receiving texts) 

Compassionate Friends of Canada

Compassionate Friends offers support in the grief education to all families who have experienced the death of a child at any age.

Website: tcfcanada.net 

The Dougy Center

The Dougy Center website provides a safe place for children, teens, young adults and their families who are grieving a death to share their experiences.

Website: dougy.org 

Griefnet.org 

Griefnet.org is an internet community of people coping with grief, death and loss.

Website: Griefnet.org 

Books that may help

WSIB crisis intervention counsellors recommend books written about grief. You can find these books and many others at your local library.

For adults

Now what?

Dr. Bill Webster writes from personal and professional experience about the emotions and reactions that are part of grieving.

A time to grieve: meditations for healing after the death of a loved one

A self-help guide through grieving the loss of a loved one.

Beginnings

Comfort and advice for widows of all ages. Reliable, relevant and useful.

Life’s losses: living through grief, bereavement and sudden change

I wasn’t ready to say goodbye: surviving, coping and healing after the sudden death of a loved one

A guide to grief after a sudden death.

When bad things happen to good people

Facing his son’s illness and subsequent death, Rabbi Kushner shares his thoughts and feelings about why we humans suffer. Explores the questions of life and faith after a tragedy.

Grief in children: a handbook for adults

A handbook for understanding children dealing with grief and trying to help them.

When men grieve: why men grieve differently and how you can help

Psychologist Elizabeth Levang explains the special ways that men grieve so those who love them can better understand what they are going through.

For children

After the funeral

Offers help for children and families to move forward after a loss.

How it feels when a parent dies

Children aged 7 to 16 talk openly about their experiences of having a parent die.

For teens

How to Go on Living When Someone You Love Dies

A helpful and informative book addressing grief and how to work with it.

Teenagers Face to Face with Bereavement

Teens talk about their strong emotions of sadness, anger and guilt after the death of a parent, sibling or friend. Honest and insightful.