Document name
Fatalities
Document number
POL 05/2019

Effective date: October 1, 2019

Approved date: August 19, 2019

Application: Applies to the families of accepted fatalities on or after the effective date.

Policy subject: Fatalities - Dependants

Purpose:

To explain the support families may be eligible for when a work-related fatality occurs.

DEFINITION

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Immediate family member, for the purpose of this policy, means a spouse, parent, legal guardian, grandparent, child, grandchild, or sibling.

BACKGROUND

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  1. If a worker suffers a work-related fatality, The Workers’ Compensation Act, 2013 (the “Act”) directs the Workers’ Compensation Board (WCB) to provide:
    1. An amount to assist with the necessary expenses of the death of the worker, including burial expenses (Section 80(2)(a)).
    2. An amount to cover transportation of the worker’s body to his or her usual place of residence within Canada (Section 80(2)(b)), and
    3. Benefits, re-employment assistance, and educational allowances to dependants (Sections 81-90).
  2. The WCB may use its fund for any purposes to carry out the intent of the Act (Section 115(j)). Therefore, it is the Board Members’ intent to extend coverage of transportation of the worker’s body to his or her usual place of residence, regardless if outside Canada.
  3. The Act authorizes the WCB to determine who should receive the payments (Section 92).
  4. The Act directs WCB to cover the costs for specialized treatment or medical aid that may be required as a result of a work injury (Sections 19(1)(b), 31(1), 103(1) and 115(c)).
  5. Health care providers examining or treating injured workers are expected to furnish any reports the WCB may require. These reports must be furnished at the times and in the form that the WCB may require (Sections 55, 56 and 94).

POLICY

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  1. An injured worker is entitled to benefits and services if their injury arises out of and in the course of employment. If a worker suffers a work-related fatality, the worker’s dependents and immediate family may be eligible for benefits, allowances and other support.
  2. WCB will provide an immediate lump sum to assist with the necessary expenses of the death of the worker, including burial.
  3. Benefits (e.g., earnings loss, educational allowances, etc.) may be provided to dependent spouses, dependent children or other dependants. Additional information about dependants and their eligibility for benefits is covered in the Fatalities – Dependants section of WCB’s Policy and Procedure Manual.
  4. WCB may also provide:
    1. An amount to cover the necessary expenses to transport the worker’s body to his or her usual place of residence (i.e., the community or location in the province or territory where the worker’s family resides). A worker’s usual place of residence is not necessarily the community or location where he or she was working.
    2. Counselling for immediate family members, including any costs to travel if outside the family’s home community.
    3. Other support as determined on a case by case basis (e.g., travel, lodging, meals, childcare, etc.).
  5. If a worker receives medical assistance in dying (MAID) as a result of a compensable injury or disease, and if such assistance is provided in accordance with federal law and provincial regulatory organizations (i.e., College of Physicians and Surgeons of Saskatchewan), WCB will consider the worker to have died as a result of the compensable injury or disease for which the worker received the medical assistance. The worker’s dependants and immediate family will be eligible for support and/or benefits and allowances.

Policy references

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Legislative Authority

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The Workers’ Compensation Act, 2013
Sections 2(1)(y), 19(1)(a), 20(1)(a), 23(1), 55, 56, 80, 92, 94, 115(j)

Criminal Code (Canada)
Sections 241.1
 

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Document History

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(1) POL and PRO 19/2016, Support – Families of Seriously and Fatally Injured Workers (effective 23 August 2016 to 30 September 2019).
(2) POL and PRO 06/2014, Support – Family of Seriously Injured Workers (effective 29 April 2014 to 23 August 2016). 
(3) POL 11/2001, Family Support in Exceptional Circumstances (effective 30 November 2001 to 29 April 2014).
 

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Complements

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