Compensation to Family
Compensation will be given to the dependants of the worker who has died as a result of their injury.
The board will pay a fixed amount to cover the necessary expenses of the worker's death, including burial. If the worker's death occurs away from their usual residence, the board will cover the expenses to transport the body within Canada to their usual place of residence.
If the worker is survived by a dependent spouse, a monthly allowance will be payable to the spouse for a period of five years. The amount of the allowance will be either 75% or 90% of the deceased worker’s average weekly earnings multiplied by 4.33, depending on when the injury occurred. If the surviving spouse has dependent children, the allowance will continue until the youngest child reaches a certain age or completes their education.
If compensation is paid for more than 24 months, the board will set aside an amount equal to 10% of the compensation paid during the 24-month period, and the future compensation to be paid. The amount, along with interest, will be used to provide an annuity for the surviving dependent spouse when they reach the age of 65.
If the board recognizes that a dependant was partially dependent on the deceased worker, then it may provide a proportionate amount of compensation that it deems reasonable, taking into consideration the pecuniary loss or loss of valuable services suffered by the dependant.
The board to require any necessary evidence related to the existence and condition of dependants who are receiving compensation. If the board doesn't receive the required evidence, it may withhold the compensation payments.
The board shall provide a supplement of $356.19 per month to the surviving spouse until they reach 65 years of age. Additionally, if the surviving spouse is receiving compensation for any dependent child, the board shall pay an additional monthly allowance to the surviving spouse until the child reaches 16 years of age or 18 years if they're in full-time attendance at a secondary or post-secondary institution.
When the board believes that the surviving spouse is neglecting or abandoning any of the dependent children. In this case, the board may pay the compensation awarded for those dependent children to a person other than the surviving spouse for the benefit of those children.
If a person is entitled to be paid compensation with respect to the death of two workers, they shall be paid only the greater of the compensation payments they're entitled to receive.
The board shall pay an amount of compensation equal to the compensation that the worker received or would have been entitled to receive, as the case may be, with respect to a period of three months. The compensation payment will be made to the worker's surviving dependent spouse or, if the worker died leaving no dependent spouse, to the worker's dependent children or any other person that the board may determine to be entitled.
SK Worker’s Compensation Act s. 80-94