Policy
Where a worker's death results from a work-related injury/disease and the deceased worker is survived by one or more dependent children, but no spouse, the children are entitled to a lump sum payment and, until they turn 19, periodic payments based on the deceased worker's net average earnings (NAE) at the time of the injury.
Purpose
The purpose of this policy is to outline how the WSIB determines survivors' benefits for the deceased worker's dependent child(ren) where there is no spouse.
Guidelines
If a child is a minor (i.e., under the age of 18), the payments to which the child is entitled may be paid on the child’s behalf. Payments may be paid to a child’s spouse, if not a minor, parent or guardian, or to the Accountant of the Superior Court of Justice.
If a child is not a minor and is incapable of managing his or her own affairs, the payments to which the child is entitled may be paid on behalf of the child to the guardian or attorney. If no guardian or attorney has been appointed, the payments may be paid to such other person for such purposes as the Board considers to be in the person’s best interest. If there is no guardian or attorney or other suitable person, the payments shall be paid to the Public Guardian and Trustee.
For the definition of "dependent child," see 20-01-02, Definitions and Application Dates; for "incapable child," see 20-03-13, Child Incapable of Earning Wages.
Lump sum payment
Dependent children under age 19 are entitled to share a lump sum payment of $80,673.30; this is the amount for 2017, see 18-01-02, Benefit Dollar Amounts - Accidents from 1998 for the amount as indexed each year from 1998 onward.
The age limit for entitlement is increased to 30 if a child is enrolled in an educational program. There is no age restriction for an incapable child. The lump sum payment is apportioned equally among the dependent children.
Periodic payments
Periodic payments are based on the deceased worker's NAE, subject to the statutory maximum and minimum, see 18-02-07, Calculating Net Average Earnings.
If the deceased worker's NAE are less than the statutory minimum, they are deemed to be the minimum. The minimum is indexed annually.
One dependent child
If a deceased worker is survived by one dependent child, the child is entitled to periodic payments equal to 30 per cent of the deceased worker's NAE.
Two or more dependent children
If a deceased worker is survived by more than one dependent child, the children are entitled as a group to periodic payments equal to 30 per cent of the deceased worker's NAE, plus an additional 10 per cent for each additional child (i.e., two children would share 40 per cent NAE).
The total periodic payments must not exceed 85 per cent of the NAE.
Example
NAE of $3,000 per month
Two children who are minors
(one child + additional child) x (NAE) = children's periodic payment
(30% + 10%) x $3,000 = $1,200 per month
Child 19 years or older continuing in education
Periodic payments in respect of a dependent child generally cease when the child turns 19 unless the child is continuing in education and the WSIB considers it advisable to do so, see 20-03-12, Child 19 Years or Older Continuing in Education.
Parent or other person
If a parent who is not the deceased worker's spouse is caring for the child(ren), or if there is another person acting in the role of parent, that parent or other person is entitled to periodic payments in the amount of 85 per cent of the deceased worker's NAE. These payments are made in lieu of those the child(ren) would have received, see 20-03-11, Children Cared for by Parent or Other Person.
The lump sum payment is paid only on behalf of the child(ren).
Annual indexing
On January 1 every year, the WSIB indexes ongoing periodic payments by the indexing factor, see 18-01-14, Annual Indexing for more information about annual indexing.
Application date
This policy applies to all decisions made for entitlement periods on or after January 1, 2018 if the injury or disease that resulted in the worker's death occurred on or after March 9, 2005.
The guidelines for annual indexing apply to all decisions made for entitlement periods on or after January 1, 2018 if the injury or disease that resulted in the worker’s death occurred on or after January 1, 1998.
Document History
This document replaces 20-03-10 dated April 6, 2009.
This document was previously published as:
20-03-10 dated January 5, 2005
20-03-10 dated October 12, 2004
20-03-10 dated June 15, 1999
13.10 dated January 1, 1998.
References
Legislative Authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 48(13), (14), (15), (16), (17), (19), (20), (24), 49, 51, 52, 60
Minute
Administrative
#24, November 15, 2017, Page 546