Worker’s Death Prior to the Issuance of Entitlement
Effective date: February 3, 2012
Application: All claims where death occurs on or after the effective date.
Policy subject: Fatalities - Dependants
To provide guidelines for determining and issuing compensation for a worker who dies prior to the issuance of entitlement under The Workers’ Compensation Act, 2013.
Entitlement, for the purpose of this policy, includes, but is not limited to, allowances, awards, wage loss payments and expense reimbursements.
- Section 81 of The Workers’ Compensation Act, 2013 (the “Act”) outlines entitlement and (re) employment assistance payable to dependent spouses (and dependent children) where the death of the worker was due to a compensable injury.
- Section 93(1) and (2) directs that on the death of a worker who was or would have been entitled to compensation under this Act at the time of death, the Workers’ Compensation Board (WCB) shall, if no compensation is payable under Sections 80 to 86, pay to the dependent spouse or, if the worker died leaving no dependent spouse, to the worker’s dependent children or any other persons recognized by the WCB as being dependants, in any share that the WCB may determine, an amount equal to the compensation the worker received or would have been entitled to receive, as the case may be, in respect of a period of three months.
- Section 93(3) of the Act states that if a worker dies of a condition for which no benefits are payable pursuant to Sections 80 to 86 and that worker received compensation for a period exceeding 24 consecutive months before the day of the worker’s death, the WCB shall pay to the worker’s dependent spouse a monthly allowance, equal to the monthly amount of compensation that was being paid to the worker, for 12 months following the day of the death of the worker and, in addition the WCB may provide retraining services to assist the dependent spouse to enter the labour force.
- The following policy will address how the WCB will provide payment in the event a worker dies prior to the issuance of entitlement.
- The intent of the following policy is to provide direction for instances where the Act does not dictate that benefits are to be paid to a dependant as called for by Sections 81 and 93 of the Act.
- Where a worker dies and it is evident that the worker would have been eligible for entitlement, payment shall be made to the worker’s estate except where Sections 81 and 93 of the Act apply.
- Entitlement for a PFI award will reflect an estimation of the PFI rating that would have been awarded to the worker had an assessment been completed prior to the worker’s death.