6.1.2.1 Eligibility for entitlements
General eligibility criteria
Before entitlements can be paid, it must be established that:
- the deceased worker is a ‘worker’ in accordance with the legislation and
- the worker’s injury arose out of or in the course of employment which resulted in or materially contributed to the worker's death or
- in the case of a disease or aggravation of a pre-existing condition or heart attack or stroke injury, the worker’s employment was a significant contributing factor to the injury or disease.
Dependency criteria
To be classified as a dependant, at the time of the worker’s death a person must demonstrate they have been or would have been, but for the incapacity of the worker due to injury, 'wholly, mainly or partly dependent' on the worker’s earnings.
Dependents are generally partners or children but can also be family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner (such as a parent Parent of a worker includes a person who has day to day care and control of the worker) or non-family members.
Although there is no dependency at the time of the worker’s death, an unborn child may be determined to be dependent from the time of their birth.
Lump sum or weekly pension
A ‘dependent’ person may be eligible for a lump sum payment.
Only dependent partners, children and orphans are eligible for a weekly pension.
Before entitlements can be paid, it must be established that the claimant A person who applies for WorkCover benefits. was dependent on the deceased worker’s earnings at the time of death.
See: Who can apply for entitlements | Weekly pension | Lump sum payment
Define immediate family member
A family member Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner as referenced in this chapter means the deceased worker’s:
- partner/s
- parent/s
- grandparent/s
- sibling/s
- child/ren or
- partner’s child/ren
Panel firm recommends eligibility
The Agent and WorkSafe’s panel firm are responsible for establishing initial entitlement and dependency for those claiming to be dependent.
In cases where initial liability and/or dependency are in dispute, the claim must be referred to the Magistrates’ Court or County Court by the applicant/claimant. The Magistrates’ Court or County Court determines who is a dependant and what, if any, entitlements are to be paid.
See: Responsibilities of the panel firm | Guidelines for Claims for Compensation following the Death of a Worker
Reimbursement of expenses
Where the deceased worker leaves no dependants, a family member may be eligible for reimbursement of expenses that is not an entitlement under the Act.
Before reimbursement of expenses can be paid, it must be established that financial hardship has been suffered as a result of having incurred reasonable expenses associated with the worker’s death.
The Magistrates’ Court determines that a reimbursement is to be made.
See: Expenses - non-dependent family members