Policy:

If a worker dies as a result of a compensable accident, the WCB pays compensation to the worker's dependants and assists with the payment of costs associated with the worker's death.

This policy is effective July 1, 2011, applying to all fatalities accepted on or after that date, except when noted otherwise in specific policy section(s).

Interpretation

1.0 Compensation

The compensation that dependants are eligible for depends on the legislation in effect on the date of the worker's accident. In general, compensation for dependants includes a pension and, for a dependent spouse or a dependent adult interdependent partner, may include appropriate vocational services.

Depending on the circumstances and date of accident, a variety of benefits such as allowances and pensions may be paid to individuals other than the dependent spouse or the dependent adult interdependent partner, (for example, dependent children and guardians).

2.0 Dependants

In worker's compensation, the term "dependant" has a specific meaning for the administration of the Act. The terms, "dependant", "dependent child", and "member of a family", are defined in s.1 of the Worker's Compensation Act, RSA 2000. A dependent spouse is usually the worker's legal spouse at the time of death. These definitions apply to claims with a date of accident on or after January 1, 1982.

For claims with a date of accident on or after June 1, 2003 a spouse is defined in the Adult Interdependent Relationships Act as the husband or wife of a married person.

It should be noted that for claims with a date of accident before June 1, 2003, the term spouse includes common-law spouse, as defined in the legislation in effect on the date of accident.

It should be further noted that for claims with a date of accident on or after June 1, 2003, an adult interdependent partner, as defined in the Adult Interdependent Relationships Act, may be considered a dependant and, as such, may be eligible for the same benefits as a spouse.

Different definitions apply to accidents occurring before January 1, 1982. The workers' compensation legislation in effect at the time of the accident determines who is considered a dependant.

Additional information about dependants and their eligibility for benefits is contained in Part II of this policy. Please refer to the applications listed below.

3.0 Costs Associated with the Death

Costs include:

• an immediate lump sum to help with incidental costs arising from the death of the worker;
• the cost of bereavement counselling for family members within the first 24 months following the worker’s death (this is in addition to the counselling provided to the dependent spouse or adult interdependent partner);
• expenses for burial, cremation, and funeral or memorial services; and
• the reasonable cost of transporting the body.

The maximum amounts payable are set by an order of the Board of Directors (see Addendum A at the end of this policy).

Please see Part II for additional information on the following subjects:

Application

1. General
2. Accidents on or after January 1, 1982 - Dependent Spouses and Dependent Adult Interdependent Partners
3. Accidents on or after January 1, 1982 - Dependent Children & Other Dependants
4. Accidents Between January 1, 1974 and December 31, 1981, Inclusive

Addenda

Addendum A - Funeral and Death Expenses
Addendum B - Payments to Dependent Children