Where a worker's death results from a work-related injury/disease and the deceased worker is survived by other dependants but not by a spouse or children, these other dependants are entitled to periodic payments proportionate to their individual loss as determined by the WSIB.
Benefits payable to other dependants are in the form of periodic payments only. These dependants are not entitled to a lump sum payment.
The purpose of this policy is to outline how the WSIB determines periodic payments for other dependants.
Other dependants include any of the following who were wholly or partly dependent on the worker’s earnings at the time of the worker’s death:
- parent, step-parent, or person who stood in the role of parent to the worker
- sibling or half-sibling
To pay periodic payments
- the WSIB determines the amount of periodic payments payable to the other dependants
- the total amount of periodic payments must not exceed 50 per cent of the deceased worker’s net average earnings (NAE) at the time of the injury, and
- periodic payments are made only as long as the worker could have been reasonably expected to support the dependants.
The deceased worker's average earnings are subject to the statutory maximum, see 18-02-07, Calculating Net Average Earnings.
Amount and duration of periodic payments
When determining the financial loss of a dependant and the period for which periodic payments are payable, the WSIB estimates the dependant’s expenses and makes periodic payments based on that amount.
The WSIB considers
- any payments the deceased worker made to, or on behalf of, the dependant on a regular basis
- expenses the dependant will incur as a result of the loss of services that the deceased worker had regularly provided
- how long the deceased worker would reasonably have been expected to support the dependant by providing direct payment or services
- the dependant’s self-sufficiency, and
- monthly expenses, as substantiated by the dependant.
The services or payments must have provided the dependant with necessities and basic support (i.e., those things that are needed or required to maintain a basic level of existence, such as housing, groceries, utilities, clothing, etc.).
On January 1 every year, the WSIB indexes ongoing periodic payments by the indexing factor, see 18-01-14, Annual Indexing for more information about annual indexing.
This policy applies to all decisions made for entitlement periods on or after January 1, 2018 if the injury or disease that resulted in the worker’s death occurred on or after March 9, 2005.
The guidelines for annual indexing apply to all decisions made for entitlement periods on or after January 1, 2018 if the injury or disease that resulted in the worker’s death occurred on or after January 1, 1998.
This document replaces 20-03-14 dated April 6, 2009.
This document was previously published as:
20-03-14 dated October 12, 2004
20-03-14 dated June 15, 1999
13.16 dated January 1, 1998.
Workplace Safety and Insurance Act, 1997, as amended
Sections 48(21), 49, 52
#27, November 15, 2017, Page 547