Definitions and Application Dates - Archived December 5, 2024

Policy

If a worker dies as a result of a work-related accident, the worker's survivors, as defined, are entitled to benefits based on the date of the worker's death.

Definitions

Survivor

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

Spouse

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.

Child

As defined under subsection 1(1) of the Family Law Act, a person to whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody.

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.

Other dependant

Any of the following who were wholly or partly dependent on the worker’s earnings at the time of the worker’s death

a parent, step-parent, or person who stood in the role of parent to the worker
a sibling or half-sibling
a grandparent, or
a grandchild.

Date of injury or disease

If the injury occurred on or after January 1, 1998, survivors’ benefits are determined according to s.48 of the Workplace Safety and Insurance Act. In these cases, survivors’ benefits are based on 85% of the worker’s pre-injury net average earnings (NAE).

The Workers’ Compensation Act, effective April 1, 1985 to December 31, 1997, applies

when the date of injury is before April 1, 1985, and death occurs on or after April 1, 1985, and
when the date of injury is between April 1, 1985, and December 31, 1997, and death occurs on or after January 1, 1998.

In these cases, survivors’ benefits are based on the 90% of the deceased worker’s pre-injury NAE.

Application date

This policy applies if a worker dies on or after March 9, 2005, as a result of a work-related injury or disease, for all accidents.

Document History

This document replaces 20-01-02 dated October 12, 2004.

This document was previously published as:
20-01-02 dated April 29, 2002
20-01-02 dated June 15, 1999
13.1 dated January 1, 1998.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 48, 103.1

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 1(1), 35

Minute

Administrative
#19, November 15, 2006, Page 431