6.1 Death Claims
6.1.1 When a worker dies | 6.1.2 Make a claim | 6.1.3 Receive a claim | 6.1.5 Entitlements | 6.1.5 Indexation of entitlements | 6.1.5 Indexation of entitlements | 6.1.7 Application for reimbursement of expenses
If a worker dies because of a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. injury or disease there may be entitlements to compensation or other payments.
Note: For the purposes of this chapter:
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‘person making the claim’ means the applicant/s (such as a dependant or family member In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member.) and not the person completing the claim form on their behalf
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‘immediate family member’ means family member as defined by the legislation.
Manage sensitivity without delay
WorkSafe is committed to managing death and dependency claims sensitively and without delay. To achieve this, Agents:
- provide sensitive, proactive support to dependants, family members In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member. and other persons affected by the death of a worker
- facilitate early lodgement of death and dependency claims and supporting documentation
- validate and process claims efficiently
- specialise and centralise the management of death claims with suitably experienced staff
- nominate two people as the contact points for death and dependency claims:
- a Technical Manager The Technical Manager liaises with Case Managers, employers, workers and legal providers to support the management of a workers' compensation claim., responsible for the technical management of the claim (such as liability decisions, entitlement processing and engagement with WorkSafe panel firm)
- a Family Support Specialist (FSS), responsible for delivering case management and emotional and wellbeing support to grieving families.
WorkSafe guidelines
WorkSafe has developed guidelines to assist in the appropriate management of these claims.
See: Guidelines for Claims for Compensation following the Death of a Worker
Summary of entitlements
Entitlements can include:
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provisional payments under the Immediate Support Package for those eligible
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a weekly pension for dependent partner/s, child/ren and orphans.
Entitlements can also include payment of the reasonable costs of:
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medical and like services provided to the worker prior to their death
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counselling, therapy and other support services to immediate family members
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burial or cremation, including repatriation
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travel and accommodation for immediate family members to attend the burial or cremation service
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forensic cleaning of the home of the deceased worker or their family member.
Where the deceased worker leaves no dependants, a family member may apply to the Magistrates’ Court for reimbursement of expenses which were incurred as a result of the worker’s work-related death, where this caused the family member financial hardship. Some expenses, including those that may be claimable under the legislation, are excluded.
See: Application for reimbursement of expenses
The panel firm is responsible for recommending whether a death is work-related.
Disputes
Disputes relating to medical and like service can be resolved at Workplace Injury Commission. If unresolved to their satisfaction, an applicant can refer the dispute to the Magistrates’ Court or County Court once a Genuine Dispute A genuine dispute is one in which the parties cannot reach an agreement but the conciliation officer considers the dispute is genuine. Certificate has been issued.
All other disputes , as well as claims which include minors, persons under a disability or unrepresented persons, must be determined by the Magistrates’ Court or County Court.