6.1.1.1 Fatality notification

WorkSafe will formally notify the Agent by way of a ‘Worker Fatality Notification’ email. This email will state whether the death has been identified as having potential for Immediate support payments or not.

When the Agent has been notified of a death they must immediately contact the employer, if not previously notified.

Contact employer

The Agent contacts the employer immediately to offer assistance and ascertain information that may assist with the speedy determination of support and entitlements.

The discussion should include:

• circumstances of the accident and death and the connection with employment
• confirmation the deceased is a ‘worker’ under the legislation
• level of support the employer is prepared or able to give to the deceased's family
• level of support the employer is or should be providing to other workers in the workplace.

Also discuss with the employer the release of the deceased worker’s employment entitlements such as annual leave or long service leave to help the family whilst claims are being assessed.

If possible, the Agent should establish from the employer who is acting as the family representative. It may be a family member Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner, friend or legal representative.

Note: If it is clear that the death is not work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment., the Agent should record this conclusion and why no further action is required.

Consider Immediate Support payments

The Agent must consider if the circumstances of the deaths meets the criteria for immediate support payments.

See: Immediate Support payments

Liaise with WorkSafe FLO to co-ordinate family support

When a workplace death has the potential for a WorkSafe investigation into any breaches of OHS Occupational Health and Safety laws, the Agent should work with the WorkSafe FLO Family Liaison Officer, supporting families through investigations and prosecutions of OHS breaches who will take the lead on contacting the family and providing support.

The Agent may be contacted by the WorkSafe FLO to:

• request a representative from the Agent undertakes a joint visit with the family
• make contact with a family member
• provide a contact name for the family.

Contact funeral director

The Agent identifies and contacts the funeral director if the burial/cremation has not yet occurred to advise that WorkSafe may meet the reasonable costs of burial or cremation up to a maximum if the death is accepted as work-related.

If the Agent is having difficulties identifying family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner, their representatives and/or the funeral director, public notices in the daily newspapers may provide this information.

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