Policy
A surviving dependent child who is physically or mentally incapable of earning wages is entitled to periodic payments until the child is able to earn wages, or until the death of the child.
Purpose
The purpose of this policy is to outline how the WSIB determines survivors' benefits for a deceased worker's dependent child who is incapable of earning wages.
Guidelines
Survivors' benefit amounts in this document reflect those legislated in the Workplace Safety and Insurance Act, 1997 (WSIA) and are indexed annually. For more information, refer to 18-01-02, Benefit Dollar Amounts - Accidents from 1998.
For a definition of "dependent child", refer to 20-01-02, Definitions and Application Dates.
No spouse
If there is no surviving spouse and there are no other surviving children, the child incapable of earnings wages receives periodic payments, equal to 30% of the deceased worker's net average earnings (NAE) at the time of the injury, and a lump sum payment, refer to 20-03-10, Children and No Spouse.
If the child incapable of earning wages is cared for by a parent who does not qualify as a spouse, or by another person acting in the role of parent, the parent or other person receives periodic payments equal to 85% of the worker's NAE, refer to 20-03-11, Children Cared for by Parent or Other Person.
If the child incapable of earning wages lives in an institution, and there are no other parents or people acting in the role of parent, the lump sum amount and periodic payments are paid on the child's behalf to the child's guardian, attorney or to 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.
If there is no spouse and there are one or more other children, the children are entitled as a group to share periodic payments equal to 30% of the worker's NAE, plus 10% for each child more than one (i.e., two children would share 40% NAE). The children are also entitled to share a lump sum payment, refer to 20-03-10, Children and No Spouse.
Not living with spouse
If there is a surviving spouse who has custody of the surviving child incapable of earning wages, and the spouse has other dependent children, but the child incapable of earning wages does not live with the spouse (i.e., the child is in the care and control of another person), the ongoing periodic payments are apportioned, refer to 20-03-09, Apportionment of Survivors' Benefits.
If there is a surviving spouse but no other surviving children, and if, due to the nature and severity of the medical condition of the child incapable of earning wages, the child lives in an institution, the spouse is entitled to benefits as detailed in 20-03-04, Spouse with No Children. If the spouse makes regular payments for the institutional care of the child incapable of earning wages, periodic payments are made as detailed in 20-03-06, Spouse with One or More Children.
Eligibility
A child may become incapable, and therefore entitled to compensation, anytime after the worker's death, as long as the incapacity occurs when the child is younger than 19 (or younger than 30 if the child is in an educational program).
A child who was incapable at the time of the worker's death is eligible for compensation, regardless of age.
Medical condition and inability to earn wages
The WSIB reviews the medical circumstances related to the physical and/or mental condition leading to the child's incapacity to earn wages. Entitlement is considered under this policy if the child's incapacity to earn wages is expected to be greater than six (6) months.
Application date
This policy applies to all decisions made on or after December 5, 2024, if the injury or disease that resulted in the worker's death occurred on or after March 9, 2005.
Document history
This document replaces 20-03-13 dated April 6, 2009.
This document was previously published as:
20-03-13 dated January 5, 2005
20-03-13 dated October 12, 2004
20-03-13 dated June 15, 1999
13.13 dated January 1, 1998.
References
Legislative authority
Workplace Safety and Insurance Act, 1997
Sections 2(1), 48(13)(14)(15)(18)(19)(24), 50, 60
Approval
Approved by the President and CEO on December 3, 2024.