2020 Analysis of Workers' Compensation Laws - 81

Chart VIII-Fatalities: Income Benefits for Spouses and Children, cont.

Notes, cont.
97.
British Columbia-Amounts adjusted annually on 1/1
by CPI.
98.
British Columbia-For spouse plus one child-85%
of 90% net minus 50% CPP Survivor Benefit. Two
children-100% of 90% net minus 50% of federal CPP
Survivor Benefit benefits. Youngest child gets 25%. Three
or more children-100% plus $345.68 minus 50% of CPP
Survivor Benefit. (RS&CM C8 - 56.00, C8 - 56.)
99.
British Columbia-See RS&CM Item C8-55.00 for
compensation on the death of a worker and C8-56.00 for
calculation of compensation for a dependent spouse
with children. For spouse and one child-85% of worker
pension. Spouse and two children-100% of survivor's
pension; an additional $371.21 per month paid for each
additional child. (Survivor pension is the monthly rate
of compensation that would have been payable if the
deceased worker had, at the date of death, sustained a
permanent total disability.) All pensions are reduced by
50% of CPP Survivor Benefit received.
100.
British Columbia-For spouse 50 years old or
invalid-60% of 90% net minus 50% of CPP Survivor
Benefit. For spouse under 50 years old-60% minus 1%
per year that the spouse's age is under 50 of 90% net, at
least 30% and then minus 50% of CPP Survivor Benefit.
101.
Manitoba-In addition to the lump sum mentioned in
Note 46, the dependent spouse/partner receives monthly
payments equal to 90% of the deceased worker's net
average earnings before the accident. The following
monthly amounts are subtracted from spouse's monthly
payments: $470 for dependent child (monthly limit
for children is $1,880) and $470 for other dependents
(monthly limit for other dependents is $1,880). Each
orphan receives $940 monthly. Total monthly payments to
dependents other than a spouse cannot exceed $3,770.
The date of death, not the accident date, will be used
to determine benefits levels provided to the deceased
worker's dependents or estate. This provision applies to
accidents on or after 1/1/06.
102.
Manitoba-For up to five years or until the earlier of
the youngest child turning 18 or the spouse turning 71.
If spouse/partner is 60 years of age or older, payments
stop at 65. If spouse/partner is 61 years of age or older,

monthly payments are paid for 48 months. Under cases
of hardship, monthly payments may be extended if lump
sum is not provided.
103.
New Brunswick-The expenses of death such
as burial are 40% of the New Brunswick Industrial
Aggregate Earnings (NBIAE) ($17,649.60 in 2020).
Payment to the worker's estate in the event of death in
an amount equal to 50% of the NBIAE ($22,062).
104.
New Brunswick-Spouse with or without children
for one year or to age 65. After one year, spouse must
elect one of the following: Plan 1-85% average net
family income plus 5% annuity for pension at age 65,
or Plan 2-60% of average net income plus lump-sum
award, a specified amount for each dependent child and
an 8% annuity for pension at age 65. Figures represent
maximum per week, less CPP survivor benefits. If there is
one child only, percentage of benefits is based on age.
105.
Newfoundland and Labrador-Spouse receives
lump sum equal to greater of $15,000 or 26 times weekly
net earnings of worker, less CPP survivor benefits and
employer-sponsored pension benefits. Monthly benefit is
based on 80% of worker's net earnings.

Newfoundland and Labrador-Only payable to child
if no spouse or spouse dies; then benefits are payable to
guardian until child reaches 18.
106.

107.
Northwest Territories and Nunavut-Fixed monthly
benefit is $2,910.60 plus $590.63 monthly per child.
108.
Nova Scotia-Benefits also include a $15,000 lumpsum payment. If date of injury on or after 2/1/96, benefit
paid monthly until spouse reaches age 65 or worker
would have reached age 65, whichever is later. Once
survivor benefit ceases, an annuity is paid. If injuries
prior to 2/1/96, survivor benefit for life, no annuity.

Ontario-Surviving spouses receive a lump-sum
payment and periodic payments. The exact amount of
these payments would depend on a number of factors.
For example, the amount would depend on whether
there is more than one "spouse" (as defined under the
legislation) and whether the spouse and the children are
living together. Lump-sum payment is determined on a
sliding scale depending on age of surviving spouse with
109.

2020 Analysis of Workers' Compensation Laws | 81

a maximum of $121,009.87 and a minimum of $40,336.60.
Weekly maximum is dependent on deceased worker's
accident earnings and taxation code. CPP amount is
offset in calculation.
110.
Prince Edward Island-Total payment for all children
may not exceed 30% of workers' compensation benefits.
111.
Québec-Parents of a deceased worker with
nondependents receive a lump sum of $29,299 to each
parent. If both parents are deceased, the indemnity is
paid to the succession of the deceased worker, except if
the property of the succession is to be taken by the state.
112.
Québec-Spouse entitled to lump sum from
$112,699 to $235,500. In addition, spouse entitled to
monthly income replacement indemnity equal to 55%
of employee's pre-injury wages for one to three years
(according to age of surviving spouse, plus $565 monthly
for each minor child). Lump sum between $20,291
and $112,699 to child under 25, or full-time student, or
disabled. Allowance for a child when worker dies without
a spouse $112,699 to $235,500. Spouse receives cash
lump sum in addition to other benefits: $2,254.
113.
Saskatchewan-To child age 16 in Saskatchewan
(18 if student), if child does not live with the fatally injured
workers' dependent spouse. Any dependent child who is
a full-time student age 18 to 24 can receive an additional
monthly allowance of $424.44 or $450.31 for sole
dependent child (in 2020) plus tuition, books, and fees for
a maximum of three years.
114.
Saskatchewan-The maximum wage rate is
$1,709.73 (in 2020) for workers injured on or after 1/1/14.
Workers are paid the 90% net amount, which is $1,538.76
minus probable income tax, employment insurance, and
CPP deduction amounts (in 2020).
115.
Saskatchewan-Workers' average earnings,
whichever is greater.
116.
Saskatchewan-Benefits not interrupted upon
remarriage. The maximum burial allowance is adjusted
annually by the percentage increased to the consumer
price index (CPI).
117.
Yukon Territory-Additional expenses incurred as a
result of the death to maximum of $8,000.

2020 Analysis of Workers' Compensation Laws

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