Read excerpts from the WCB’s governing legislation on compensation to the surviving dependent spouse of a worker who has died as a result of a workplace injury.
81 (1) If the worker is survived by a dependent spouse, compensation in the form of a monthly allowance is payable to that spouse for a period of five years in an amount equal to the greater of:
(i) who sustained an injury before September 1, 1985, 75% of the deceased worker’s average weekly earnings multiplied by 4.33; or
(ii) who sustained an injury on or after September 1, 1985, 90% of the deceased worker’s average weekly earnings multiplied by 4.33; and
(b) 50% of the amount equal to the average weekly wage as of June in the preceding year multiplied by 4.33.
(2) If a surviving dependent spouse has dependent children of the worker, the compensation payable pursuant to subsection (1) is to be extended until the youngest child:
(3) If compensation is paid to a surviving dependent spouse pursuant to subsection (1) for a period exceeding 24 consecutive months:
(4) If compensation is paid to a surviving dependent spouse pursuant to subsection (2):
(5) In addition to any compensation payable pursuant to subsection (1), the board may provide to the surviving dependent spouse the same counselling and vocational assistance as would be provided to a worker in order to enable the dependent spouse to enter the labour force and become self-sufficient.
(6) On and from the expiration of entitlement to compensation pursuant to subsection (1) or (2) and subject to section 101, a surviving dependent spouse of a deceased worker is entitled to compensation, until the surviving dependent spouse reaches the age of 65 years, equal to the difference between:
(7) For the purposes of subsection (6), the definition of “earnings” in clause 2(1)(k) applies, with any necessary modification.
Compensation and expenses payable on death of worker – Section 80
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
Other benefits to be taken into account – Section 96
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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