Death Benefits (Workplace Injury or Occupational Disease)

Responsibility: Commission de la santé et de la sécurité du travail

If you are a relative of a person who has died as a result of a work-related accident or illness, you are entitled to death benefits, in addition to the reimbursement of certain funeral expenses. If the deceased had no dependents, his or her father and mother are entitled to the benefits. Depending on the situation, these amounts are paid as an annuity or a lump sum. Application must be made within six months of the death.

Who is eligible?

• the spouse
• a minor child
• a child under 25 years of age, a full-time student, or a disabled person
• any other person living in whole or in part on the income of the deceased worker.
• The next of kin of a person who died as a result of a work-related accident or illness may receive death benefits.

These death benefits may be:

• a monthly benefit for the surviving spouse;
• a lump sum payment for the surviving spouse
• a monthly benefit for the worker's minor child
• a lump sum payment for the worker's adult child;
• a lump-sum allowance for the dependant for whom the worker provided more than 50% of the needs;
• a lump sum payment for the dependant for whom the worker provided 50% or less of the needs;
• a lump sum payment for the worker's mother and father without dependents;
• reimbursement of transportation and body removal expenses for the person who paid for them.

MONTHLY ALLOWANCE FOR THE SURVIVING SPOUSE

This benefit is equal to 55% of the income replacement benefit to which the injured or ill worker would be entitled, which is 90% of the worker's net income.

This benefit is temporary, being paid for a period of one to three years depending on the age of the surviving spouse at the time of the worker's death.

The maximum amount is $2,058.70 per month.

An increase is granted if the surviving spouse is disabled.

LUMP SUM BENEFIT FOR SURVIVING SPOUSE

The amount of the benefit is $1,891.

If there is no spouse, this benefit is divided equally among the worker's dependents.

MONTHLY INDEMNITY FOR THE MINOR CHILD

The monthly amount of the allowance is $474.

This allowance is paid to the child until he/she reaches the age of majority.

LUMP SUM ALLOWANCE FOR A CHILD OVER THE AGE OF MAJORITY

The amount of the allowance is $17,026.

This benefit is paid to the child of a deceased worker who is a full-time student, if the child was a minor or under 25 years of age at the time of death.

An increase is granted if the child of full age is disabled, unless he or she is entitled to an allowance under another law.

LUMP-SUM COMPENSATION FOR THE DEPENDANT

For a dependent for whom the worker provided more than 50% of the needs, the benefit varies according to age:

Under age 35: $11,351;
35 and over: 75% of the worker's gross annual income, to a maximum of $46,500.
An increase is granted if the beneficiary is disabled, unless he or she is entitled to an indemnity under another law.

For a dependent for whom the worker provided 50% or less of the needs, the benefit varies according to the proportion of needs provided by the worker:

from 10% to less than 25%: $5,675;
25% to 50%: $11,351.
LUMP SUM ALLOWANCE FOR PARENTS

The amount of the allowance is $5,675 for each parent.

This benefit is paid to the worker's father and mother when the worker has no dependents.

If one of the parents is deceased or has lost parental authority, the allowance is added to that paid to the other parent.

REIMBURSEMENT OF FUNERAL EXPENSES

The amount of the reimbursement is $2,836.

REIMBURSEMENT OF THE COST OF TRANSPORTING THE BODY

Full reimbursement of the cost of transportation of the body upon presentation of receipts.

These amounts are non-taxable and cannot be seized or assigned.

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