Other benefits to be taken into account

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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.

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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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