Who receives workers' comp death benefits in Canada?
When a worker dies from a workplace injury or occupational disease, the board pays survivor benefits to the surviving spouse and dependent children. These typically include an immediate lump sum, ongoing periodic payments based on the deceased's earnings, dependent child supplements, and coverage of funeral and burial expenses.
How are periodic survivor payments calculated?
Periodic payments to a surviving spouse are based on a percentage of the deceased worker's net average earnings, often around 85% in Ontario, and continue for a period tied to the survivor's age or until other milestones. Younger surviving spouses may receive payments plus retraining support to help re-enter the workforce.
Does workers' comp cover funeral expenses?
Yes. Boards pay a funeral and burial allowance to help cover the cost of the worker's funeral, up to a set maximum that varies by province. This is separate from and in addition to the survivor income benefits.
Can survivors also sue the employer?
Generally no. Workers' compensation is a no-fault system: in exchange for guaranteed benefits, survivors usually cannot sue the employer for the workplace death. Limited exceptions exist, such as claims against negligent third parties who are not the employer.