WSIB claim — fatality (survivor claim)
Filing or appealing a WSIB claim for a fatality (survivor claim): forms, medical evidence and objections.
What is included
- Reviewing how the death relates to the work
- Completing the survivor claim forms
- Gathering the death certificate and medical and employment records
- Explaining the survivor benefits that may be available
- Preparing an objection if the claim is denied, where the service covers it
What is not included
- Medical reports and opinions, records and other disbursements
- Objections or WSIAT appeals, unless the service names them
- A lawsuit against someone other than your employer, which is usually lawyer work
- Medical treatment or vocational assessments
- Attending a hearing when the service covers documents or advice only
Who this service is for
- Spouses, partners and dependent children of a worker who died
- Families of workers who died from an occupational disease
Information to have ready
- 1The death certificate and any coroner's or medical reports
- 2Proof of relationship, such as marriage or birth certificates
- 3The worker's employment details and any WSIB claim number
Frequently asked questions
How much does it cost?
The fee is $650 plus 13% HST ($734.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Who can claim survivor benefits?
Usually the worker's spouse and children, and others who depended on the worker, as the Workplace Safety and Insurance Act, 1997 defines them. We check who qualifies in your situation.
Can a family claim if the death happened years after the exposure?
In some cases, yes. A death from an occupational disease, such as some cancers, can lead to a survivor claim long after the work ended.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the WSIB and the WSIAT decide entitlement
- WSIB deadlines are strict, and late objections may not be accepted
- Medical evidence comes from your health providers, not from us
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