6.1.1 When a worker dies
6.1.1.1 Fatality notification | 6.1.1.2 Information and support | 6.1.1.3 Injured worker has passed away (existing claim)
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. death may not occur at the workplace or during normal working hours. Some deaths may clearly seem work-related but other deaths, such as from a heart attack, stroke or disease, may be less obvious.
Notification of a worker's death
WorkSafe may be notified of a death by the:
- employer by way of formal written notification required under sections 37 and 38 of the Occupational Health and Safety Act 2004
- TAC Transport Accident Commission due to a transport accident Transport accident means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986 that may be work-related
- deceased worker’s family or their representative
- employer to WorkSafe and/or Agent as a non-notifiable death.
Worker already receiving compensation
When a worker who is receiving compensation for a work-related injury or disease dies from:
- a non work-related cause, there is no eligibility for further compensation, including no entitlements for a work-related death
- the accepted work-related injury or disease:
- an entitlement to immediate support payments (including burial or cremation expenses) should be considered
- a separate claim must be lodged by those claiming to be eligible for dependency entitlements or other expenses, however, a new claim is not registered as the death claim is attached to the existing injury claim.
See: Injured worker has passed away | Immediate Support payments
Advise the Agent
If WorkSafe and/or an employer have been advised of a death that may be work-related they must, preferably on the same day, inform the relevant Agent.
Note: Employers must immediately notify WorkSafe by telephone on 13 23 60 following any death or serious injury in the workplace (OHS Occupational Health and Safety Act 2004 Part 5).
Advise the employer
If the Agent has been advised of a death by a family member, they must inform the employer.
If a previous WorkSafe claim is active, the Agent must cease ongoing entitlements on that claim.