Compensation to Family
If an employee dies in the course of their employment, the compensation to the family shall be conducted as stated below:
Compensation to spouse
A surviving spouse receives compensation in two forms:
A lump sum payment equal to 30% of the Year's Maximum Insurable Remuneration for the year of the worker's death.
A monthly pension equal to 3.08% of the Year's Maximum Insurable Remuneration for the year of the worker's death.
If the spouse is incapable of earning a living due to physical, functional, mental, or psychological reasons, they may receive an additional amount determined by the Commission.
The pension payable to the surviving spouse continues for their lifetime.
Funeral expenses
Extra compensation is provided to cover funeral expenses, up to the prescribed limit.
If the worker's death occurs away from their last usual place of residence within Canada, the expense of transporting the worker's body to that place is covered.
Multiple spouses
If multiple individuals are considered surviving dependent spouses, the Commission determines a primary spouse.
The primary spouse receives all the compensation entitled to a surviving dependent spouse, while other spouses are only entitled to the pension for a period of five years or until their own death, whichever is earlier.
Payments to the person responsible for a child
If there is no surviving spouse or the surviving spouse is not properly caring for the child, the Commission pays compensation to any person assuming full or shared responsibility for the child.
The compensation is equivalent to the compensation payable to a surviving dependent spouse, divided proportionately among the eligible children.
Compensation to child
A monthly pension is provided to the child of the deceased worker.
The pension amount is equal to 0.625% of the Year's Maximum Insurable Remuneration for the year of the worker's death.
If the child is incapable of earning a living due to physical, functional, mental, or psychological reasons, the compensation may be increased by an additional amount determined by the Commission.
Ending school
The compensation payable to a child may be ended if the child fails to make satisfactory progress at school, no longer attends school, or completes their first university degree, college diploma, or technical/vocational training course.
Compensation to other dependent family members
Compensation is provided to other dependent family members.
The amount of pension paid is determined by the Commission, considering the financial loss suffered by the person due to the worker's death, up to the maximum amount payable.
Duration of pension
The pension payable to dependent family members continues for as long as the Commission deems reasonable based on the worker's expected support if they were alive.
NWT Worker’s Compensation Act s. 48-51