6.1.2 Make a claim

6.1.2.1 Eligibility for entitlements | 6.1.2.2 Who can apply for entitlements | 6.1.2.3 Damages for a work-related death

Using the Claim for Compensation Following a Work-related Death form, a person can make a claim for death and dependency compensation.

The person making the claim can include other applicants on their behalf however those applicant/s must be under their legal custody (i.e. a child) or an adult from the same household (e.g. the other parent Parent of a worker includes a person who has day to day care and control of the worker).

Multiple claims, from separate applicants or households, can be made for the one death.

A claim must be given to, served or lodged on the deceased worker’s employer or directly on the employer’s WorkSafe Agent or WorkSafe if direct lodgement applies. This must be done:

within two years of the death of the worker, if claiming for:
- dependency entitlements
- grief and loss entitlements, or
within six months of the date of the relevant service, if claiming for medical and like expenses only, including:
- medical and like services provided to the worker
- burial or cremation
- forensic cleaning
- family counselling, therapy and other support services.

See: Approved forms

An application to the Magistrates’ Court can be made for the reimbursement of expenses by non-dependent 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. of a deceased worker. Applications to the Magistrates’ Court must be made within two years of the death of the worker.

An application to the Magistrates’ Court can be made for the reimbursement of expenses incurred by non-dependant family members of a deceased worker if there are no dependants. Applications to the Magistrates’ Court must be made within two years of the death of the worker.

See: Application for reimbursement of expenses

For information on other claims that dependents can make - see: Damages for a work-related death.

By	Action
Dependant	When lodging a dependency claim, the dependant should, if possible, provide: details of other person whom they believe may have an entitlement to compensation in respect of the deceased worker relevant documentation supporting their claim of financial dependency on the deceased worker’s earnings. For information of relevant supporting documentation - see: Guidelines for Claims for Compensation following the Death of a Worker
Dependant or other person making claim	A 'Claim for Compensation Following a Work-related Death’ form must be given to, served or lodged on the deceased worker’s employer or directly on the employer’s WorkSafe Agent (if known) or WorkSafe.
Employer	If a claim is received, the employer must forward claims for the death of a worker to WorkSafe or the Agent within 10 calendar days of receipt. Agents should encourage employers to forward the claim earlier if possible. The employer is encouraged to submit the claim with a completed ‘Employer Injury Claim Report’. If multiple claims for the death of a worker are received from various dependants and family members, only one ‘Employer Injury Claim Report’ is required.
WorkSafe	If a claim is forwarded to or lodged directly with WorkSafe, WorkSafe must forward it to the relevant Agent as soon as possible.
Agent	In cases where it has been established the employer will not be supportive during the claim process, the Agent must advise the family representative to lodge the claim directly with the Agent as soon as possible.
Dependant or other person making claim	Where a claim is lodged more than two years after the date of the death, WorkSafe will require a written explanation for the delay by way of affidavit or statutory declaration. If satisfied that a special excuse existed for not making the claim within the time limit, WorkSafe or the Self-Insurer may extend or waive the time limit to enable the claim to be made. AC s103 WIRC s20
Agent or Self-Insurer	If the person making the claim is unrepresented, the Agent or Self-Insurer should advise the person about their right to seek legal advice. As claims for lump sum payments that include unrepresented persons, persons under a disability, minors or unborn children must be determined by the Magistrates’ Court or County Court, it is in their best interest to retain the services of a lawyer in these circumstances. The Agent or Self-Insurer should inform the person making the claim that they should discuss legal costs with the lawyer before engaging their services. See: Legal costs

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