6.1.1.3 Injured worker has passed away (existing claim)

When the Agent or Self-insurer is advised that an injured worker has passed away due to work or non-work related causes while in receipt of compensation, consider the following activities:

Activity Agent/ Self-insurer Action
Support the caller

Offer sympathy for their loss.

Ask for information about the date and circumstances of the death (if the injured worker’s passing is related to their injury, an entitlement to ongoing household help or death and dependency payments may exist).

Advise that other stakeholders will be contacted.

Ask if any other support or assistance is required.
Inform other stakeholders

Contact the Employer if the injured worker is not a Direct Payee:

  • advise of death and offer support
  • determine what date weekly payments have been made to the injured worker
  • inform the employer that a recovery of overpayments will not be sought if the employer has paid weekly payments beyond the date of death
  • cease reimbursement of weekly payments to the employer on a mutually agreed date.

Contact care providers of applicable services:

  • consider paying for services incurred after the date of death if the provider was not aware of the injured worker’s passing

  • pay for household help (for example, gardening or home help services) for an additional six months if eligible

See: Death while in receipt of household help.

Contact other stakeholders where required:

  • internal staff (i.e. mobile case manager, IB specialist, etc.)
  • external appointments (i.e. ORP, IME, etc.)
  • dispute resolution (i.e. WIC, panel solicitors, etc.).
Pay o/s entitlements if applicable

Make payments for any certified incapacity, up to and including the date of death or as agreed above.

Make payments for other entitlements where applicable.

Discuss with Death and Dependency Technical Manager if applicable

Where the cause of death is believed to be related to the injured worker’s injury or employment, refer to your Agent’s Death and Dependency Technical Manager and Family Support Specialist. If required the Agent FSS will make contact with the family to discuss further.

See: Information and support

Update claim records Update claim file notes with information about the injured worker’s passing and the actions undertaken.
Post death

Where a death is unexpected or unnatural, the Coroners Court of Victoria may investigate the death.

The Agent or Self-insurer must provide any requested information to the Coroners Court upon receipt of a request or Coronial Authority. A request is not required under the Freedom of Information Act (1982) if made by the Coroners Court.

Coroners Act 2008: s39 Power of entry, search, inspection and possession

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