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 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., 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
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 or 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 the funeral director, public death and funeral notices in the daily newspapers or on social media posts may provide this information.