What to Do in the Event of Death.

Indemnities in the Event of Death Following and Industrial Accident or Occupational disease

Commission des normes, de l'équité, de la santé et de la sécurité du travail

Applying for Death Benefits following an Employment Injury

Clientele and Requirements
The following persons are entitled to death benefits: 
 
  • the surviving spouse of the deceased worker, i.e., the person who is either:
    • related to the worker through marriage or civil union and who cohabited with him or her
    • publicly introduced as the worker’s spouse and who, at the time of death, had been living in a de facto union with him or her for 3 years, or for 1 year if a child was born of their union
  • the minor child of the deceased worker
  • the worker’s child of full age, if the child was in one of the following situations at the time of the worker’s death:
    • he or she was under 25 years of age and was attending an educational institution on a full-time basis 
    • he or she was disabled
    • his or her needs were provided for by the worker in a proportion of over 50%
  • any person whose needs were provided for by the worker, at the time of his or her death, in a proportion of at least 10%
  • the parents of the deceased worker, if the latter had no dependants
Requirement
The death of the worker must have been caused by an employment injury (see Definitions). 

The following benefits apply in the case of deaths that occurred in 2018.

Benefits for the surviving spouse
The surviving spouse may be entitled to the following benefits:
  • a monthly indemnity paid out over a period of 1 to 3 years, depending on the spouse’s age at the time of the worker’s death, and equal to 55% of the income replacement indemnity that the worker would have received had the employment injury not resulted in death, up to a maximum of $2,338.77 per month
  • a lump-sum indemnity of $108,111 to $222,000, determined on the basis of the age of the spouse of the deceased worker (if the spouse is disabled, he or she may be entitled to an additional indemnity)
Benefits for minor children and children of full age
The children of the deceased worker are entitled to the following benefits, depending on their age at the time of the worker’s death:
  • each minor child receives a monthly indemnity of $542 (the child may receive a lump-sum indemnity of $19,465 when he or she reaches 18 years of age, if the child is attending an educational institution on a full-time basis)
  • each major child under 25 years of age receives a lump-sum indemnity, the amount of which varies according to the situation of the child at the time of the worker’s death
  • if the child is a full-time student, he or she receives $19,465
  • if the child is disabled and entitled to an indemnity pursuant to other legislation (e.g. the Automobile Insurance Act, the Act respecting industrial accidents and occupational diseases or legislation administered by the Direction de l’indemnisation des victimes d’actes criminels), he or she receives $19,465 (otherwise, the child may receive up to $108,111)
In addition, if the worker had no spouse on the date of his or her death, a lump-sum indemnity of $108,111 to $222,000 is divided equally among the worker’s minor children, children of full age under 25 who are full-time students or who are disabled and children of full age whose needs were provided for by the worker in a proportion of over 50%.
 
Benefits for other dependants
A dependant of a deceased worker who was not the worker’s spouse or child may be entitled to a lump-sum indemnity if he or she was dependent upon the worker’s income. The amount of the indemnity is determined on the basis of the dependant’s age and the proportion of needs provided for by the worker:

 

 

Situation of the dependant  Lump-sum indemnity awarded

The worker provided for over 50% of his or her needs

The dependant receives: 

  • $12,975, if he or she is under 35 years of age
  • 75% of the gross annual employment income of the deceased worker, up to $55,000, if the dependant is 35 or over

If the person is disabled, he or she receives an amount that varies depending on whether the circumstances that caused the disability already give or do not give entitlement to an indemnity under other legislation (e.g. the Automobile Insurance Act, the Act respecting industrial accidents and occupational diseases or legislation administered by the Direction de l’indemnisation des victimes d’actes criminels): 

  • $12,975 to $55,500 (depending on the person’s age), if he or she is entitled to an indemnity
  • $54,058 to $108,111 (depending on the person’s age), if he or she is not entitled to an indemnity
The worker provided for 25% to  50% of the dependant’s needs  $12,975
The worker provided for 10% to less than 25% of the dependant’s needs 

$6,488

Additional death benefits
An additional lump-sum indemnity of $2,162 may be paid to the worker’s surviving spouse so that he or she can cover unexpected expenses entailed by the worker’s death. If the worker had no spouse, the indemnity is distributed equally among the deceased worker’s other dependants.

 

In addition, if the worker had no dependants on the date of his or her death, a lump-sum indemnity of $27,692 may be paid to each of the parents (if one of the parents is deceased or has been deprived of parental authority, his or her share is paid to the other parent) or to the succession of the deceased worker (except if the property of the succession is to be taken by the State).
 

You may apply for death benefits following an employment injury in either of the following ways, within the prescribed time limit.
 
Online Form
Proceed as follows:
  1. Use the Réclamation du travailleur online service (in French only) and submit the form electronically.
  2. Send the required documents by mail or by fax to the office of the Commission des normes, de l'équité, de la santé et de la sécurité du travail that serves your region (use the Nos bureaux online service (in French only) to find the address).
 
Call the Commission to find out which documents are required in your situation.
 
Paper Form
Proceed as follows:
  1. Complete the Worker’s Claim form.
  2. Enclose the required documents.
  3. Send the form and documents by mail or by fax to the office of the Commission des normes, de l'équité, de la santé et de la sécurité du travail that serves your region (use the Nos bureaux online service (French only) to find the address).
 
Call the Commission to find out which documents are required in your situation.
 
Note
Regardless of whether you use the electronic or paper version of the form, it is recommended that you keep a copy for your records. The electronic form must be printed out before it is submitted. You can also call the Commission to request that a copy be mailed back to you once the form has been.
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