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Death benefits

The CNESST pays death benefits to spouses and dependants of workers who die as a result of a work accident or occupational disease.

Claim for death benefits

To be entitled to the worker's death benefits, the spouse, child or other dependant must complete the Worker's claim form within 6 months of the worker’s death. The CNESST will analyze the admissibility of the claim.

Lump sum indemnity paid to the spouse

The CNESST considers a spouse a person who, on the date of the worker's death:

  • is married to or in a civil union with the worker and lives with them
  • or lives with them in a de facto union, whether the person is of the same sex or not, as long as the person:
    • has been living with the worker for at least 3 years or for 1 year if a child has been born or is to be born of their union
    • is publicly represented as their spouse
Death benefits paid to a spouse in 2020
Type of indemnity Amount
Lump sum indemnity Minimum
112 699 $

Maximum 
235 500$


Calculation of the lump sum indemnity

The lump sum indemnity is equal to the product of the deceased worker's gross annual employment income multiplied by the factor of the spouse's age category on the date of the worker's death.

Example

The 33-year-old spouse of a deceased worker whose employment contract provided for a gross annual employment income of $50 000 is entitled to a lump sum indemnity of $125 000.

 

Calculation of the lump sum indemnity

Surviving spouse’s age Age bracket Multiplication factor Worker’s gross annual employment income Lump sum indemnity
33  30–34 2.50 $50 000 $125 000 (50 000 x 2.50)

Pension paid to a disabled spouse

If the spouse is disabled, they must have a severe long-term physical or mental disability.

A disability is severe if the person is unable to have a job that provides for their basic needs. It is long term if it results in the person’s death or lasts indefinitely.

Pension paid to a disabled spouse
Monthly pension Maximum $2 473.89

Calculation of the pension

The monthly pension is equal to 55% of the income replacement indemnity to which the worker was entitled on the date of their death or to which they would have been entitled on that date had they become unable to work because of an employment injury. The pension is paid during the period determined by the spouse’s age on the date of the worker’s death.

Example 

A spouse who is 33 years old at the time of her spouse's death is entitled to receive a monthly pension for 1 year.

Duration of payment of the pension
Spouse’s age on the date of the worker’s death Duration of payment of the monthly pension
34 or under 1 year
35–44 2 years
45–54 3 years
55 or over 2 years

Lump sum indemnity paid to a disabled spouse

Indemnity paid to a disabled spouse in 2020
Type of indemnity Amount 
Lump sum indemnity Minimum $112 699
Maximum $235 500

Calculation of the indemnity paid to a disabled spouse

In addition to the monthly pension provided for by law, the disabled spouse of a deceased worker is entitled to the higher of the following 2 lump sum indemnities:

  1. a lump sum indemnity equal to the product of the deceased worker's gross annual employment income multiplied by the factor of the spouse's age category on the date of the worker's death
  2. a lump sum indemnity equal to twice the amount provided for in the annexe II de la Loi sur les accidents du travail et les maladies professionnelles based on the spouse’s age on the date of the worker’s death

Example

A worker dies in 2020 and their gross annual employment income is $50 000. At the time of the worker's death, their spouse, 33 years old, was disabled.

 

Lump sum indemnity 1
Surviving spouse’s age Age bracket Multiplication factor Worker’s gross annual income Lump sum indemnity paid to the disabled spouse
33 30–34 2.50 $50 000 $125 000
($50 000 x 2.50)

Lump sum indemnity 2

Spouse’s age Indemnity provided for in Schedule II Lump sum indemnity paid to the disabled spouse
33 $79 798 $159 596
($79 798 x 2)

Therefore, the worker’s spouse will be entitled to lump sum indemnity 2, since it is higher.

Death benefits paid to a child

Benefits paid to a minor child

Benefits paid to a minor child in 2020
Type of indemnity Amount
Monthly pension (paid until the child reaches full age) $565

Benefits paid when the minor child reaches full age

Benefits paid when a minor child reaches full age in 2020
Type of indemnity Amount
Lump sum indemnity paid if the child is attending an educational institution on a full-time basis when they reach full age $20 291
Lump sum indemnity paid to a disabled minor child who, having reached full age, is still disabled and is entitled to benefits under another act $112 699
Lump sum indemnity paid to a disabled minor child who, having reached full age, is still disabled and is not entitled to benefits under another act $20 291

Under the Loi sur les accidents du travail, the Loi sur l’assurance automobile, the Loi visant à favoriser le civisme or the Loi sur l’indemnisation des victimes d’actes criminels, other benefits may be paid to children.

Benefits paid to a child of full age

Benefits paid to a child of full age in 2020
Type of indemnity Amount
Lump sum indemnity paid to a child who is of full age but under 25 years of age on the date of the worker’s death and who, on that date, is attending an educational institution on a full-time basis $20 291

Benefits paid to the child of a worker who does not have a spouse

 

Benefits paid to the child of a worker who does not have a spouse in 2020
If the worker does not have a spouse on the date of their death, a lump sum indemnity may be paid to:
  • their minor child
  • their child of full age, over half of whose needs were provided for by the worker
  • their 25-year-old child of full age who, on that date, is attending an educational institution on a full-time basis

Where there is more than one beneficiary, the indemnity is divided equally between them.

Minimum  
$112 699

Maximum
$235 500

 

Example 

A 38-year-old worker who does not have a spouse dies in 2020. She has a 15-year-old child and a 19-year-old child, both of whom are studying full time. Her gross annual income is $45 000.

 

Deceased worker’s age Age bracket Multiplication factor Worker's gross annual employment income Lump sum indemnity paid to the children of a worker who does not have a spouse
38 35–39 2.75 $45 000 $123 750
($45 000 x 2.75)

 

The worker's children are entitled to a total lump sum indemnity of $123 750. The indemnity is paid in equal shares to each of the children.

The lump sum indemnity is equal to the product of the deceased worker's gross annual employment income multiplied by the factor of the worker's age category on the date of her death.

Benefits paid to a disabled child of full age

Benefits paid to a disabled child of full age in 2020
Type of indemnity Amount
Lump sum indemnity paid to a disabled child who is of full age but under 25 years of age and who is not entitled to benefits under another act 18 years old or under $112 699
19 years old $111 501
20 years old $110 302
21 years old $109 103
22 years old $107 902
23 years old $106 707
24 years old $105 508
Lump sum indemnity paid to a disabled child who is of full age but under 25 years of age and who is entitled to benefits under another act $20 291

Under the Loi sur les accidents du travail, the Loi sur l’assurance automobile, the Loi visant à favoriser le civisme or the Loi sur l’indemnisation des victimes d’actes criminels, other benefits may be paid to children.

Benefits paid to other dependants

 

Benefits paid to other dependants in 2020
Dependant Amount
Dependant under 35 years of age over half of whose needs were provided for by the deceased worker $13 525
Dependant 35 years of age or older over half of whose needs were provided for by the deceased worker 75% of the worker's gross annual employment income, as determined by the Loi sur les accidents du travail et les maladies professionnelles

Maximum 
$58 875
Disabled dependant over half of whose needs were provided for by the deceased worker and who is not entitled to benefits under another act (the amount is determined based on the dependant’s age at the time of the worker's death) Minimum
$56 352

Maximum
$112 699
Disabled dependant over half of whose needs were provided for by the deceased worker and who is entitled to benefits under another act 75% of the worker's gross annual employment income, as determined by the Loi sur les accidents du travail et les maladies professionnelles

Minimum
$13 525

Maximum
$58 875
Dependant 25% to 50% of whose needs were provided for by the deceased worker $13 525
Dependant 10% to less than 25% of whose needs were provided for by the deceased worker $6 763

Under the Loi sur les accidents du travail, the Loi sur l’assurance automobile, the Loi visant à favoriser le civisme or the Loi sur l’indemnisation des victimes d’actes criminels, other benefits may be paid to children.

Other death benefits

 

Other death benefits in 2020
Type of indemnity Amount
Lump sum indemnity paid to the spouse or distributed equally among the worker’s other dependants $2 254
Lump sum indemnity paid to the mother and father of a worker who died without dependants, each of whom is entitled to an amount, unless:
  • one parent is deceased or loses their parental rights (the other parent receives their share)
  • both parents are deceased (the indemnity is paid to the deceased worker's estate, unless the State collects the property)
$29 299 each
Funeral expenses reimbursed to the person who paid them, on production of supporting documents Up to a maximum of $5 479
The cost of transportation of the worker's body from the place of death to the funeral home closest to the worker's usual residence, if they were a resident of Québec On production of supporting documents

Forms and publications

Laws and regulations

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