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Difference between revisions of "Workers' Compensation Claim Benefits (7:XI)"
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Workers' Compensation Claim Benefits (7:XI) (view source)
Revision as of 00:55, 3 December 2021
, 00:55, 3 December 2021→J. Benefits in Fatality Cases
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At age 63, the worker is asked to provide independent verifiable evidence that they had plans to work beyond age 65. As the provision requiring this later assessment is very new, it is currently not clear what type of evidence will satisfy the Board that the worker intended to work beyond the age of 65. | At age 63, the worker is asked to provide independent verifiable evidence that they had plans to work beyond age 65. As the provision requiring this later assessment is very new, it is currently not clear what type of evidence will satisfy the Board that the worker intended to work beyond the age of 65. | ||
== | == I. Benefits in Fatality Cases == | ||
When a worker is killed as a result of a workplace injury, dependants of that worker can apply to the Board for benefits. Dependants include family members that are dependent on the worker’s earning as well as a spouse, child, or parent that had a reasonable expectation of pecuniary benefit from the continued life of the worker (see RSCM II, Policy #53.00). | When a worker is killed as a result of a workplace injury, dependants of that worker can apply to the Board for benefits. Dependants include family members that are dependent on the worker’s earning as well as a spouse, child, or parent that had a reasonable expectation of pecuniary benefit from the continued life of the worker (see RSCM II, Policy #53.00). | ||
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A separated spouse may receive benefits based on the amount of support the deceased worker would likely have contributed had they survived (s 178; previously 17(9)). A common-law spouse is entitled to benefits after three years of cohabitation or after one year if there are children. However, compensation may not be paid, or may be reduced, if there is a separated spouse as well. | A separated spouse may receive benefits based on the amount of support the deceased worker would likely have contributed had they survived (s 178; previously 17(9)). A common-law spouse is entitled to benefits after three years of cohabitation or after one year if there are children. However, compensation may not be paid, or may be reduced, if there is a separated spouse as well. | ||
Benefits in fatality cases can be complex, particularly if any apportionment between | Benefits in fatality cases can be complex, particularly if any apportionment between dependants is required. Chapter 8 – Compensation on the Death of a Worker of the RSCM II should be consulted. | ||
== K. Suspension of Benefits == | == K. Suspension of Benefits == | ||
