6.1.3 Receive a claim
6.1.3.1 Agent registers claim | 6.1.3.2 Person-centred support | 6.1.3.3 Agent considers claim | 6.1.3.4 Determine liability | 6.1.3.5 Agent makes decision on liability | 6.1.3.6 Claim referred to Magistrates' Court or County Court
6.1.3.1 Agent registers claim
When Agents receive a valid death or dependency claim they must register the claim within two business days.
Process
Follow the steps for registering a death and dependency claim.
| Timeframe | Action |
|---|---|
| Upon receipt of a claim |
Review for prior or current claims The Agent or Self-Insurer establishes whether the deceased worker has had a previous or current WorkSafe claim. Where possible, they must collect the claims file/s as soon as practicable as it may contain important information about the death claim. If the worker’s death is related to a current or previous WorkSafe claim, the Agent or Self-Insurer must ensure the details of the death are recorded. See: Worker already receiving compensation Note: A separate claim for dependency entitlements is not registered where the death is related to the previous claim. |
| Within 2 day of receipt of a claim |
Review for material defect, omission or irregularity The Agent or Self-Insurer reviews the claim form to ensure essential details are provided. If there is a material defect, omission or irregularity, the Agent or Self-Insurer should contact the person making the claim or their representative by telephone for more information. |
| Within 2 day of receipt of a claim |
Register valid claim The Agent or Self-Insurer registers the valid claim within two business days of receipt. The Agent must also record all applicants who are listed on the claim form. Only when liability for a weekly pension is accepted are dependency claims registered for each eligible partner and child. |
| Within 5 day of receipt of a claim |
Agent refers claim for panel firm allocation The Agent must refer all death and dependency claims to WorkSafe’s Dispute Management Division at allocations@worksafe.vic.gov.au for allocation to a panel firm within five business days of receiving it |
| Within 14 days of receipt of a claim |
Return invalid claim If the material defect, omission or irregularity cannot be corrected through telephone contact and is not within the knowledge of WorkSafe or the employer, the Agent or Self-insurer must return the claim form to the person making the claim, or their representative, within 14 days of the claim being given, served or lodged, together with a notice setting out the relevant details and requesting the missing information. A claim form that contains a material defect, omission or irregularity should be treated as invalid. If the invalid claim is not returned to the person making the claim within this timeframe, the claim is deemed to be valid and the claim should be registered See: Valid claims | Invalid claims |
| Once a death claim has been registered |
As additional claims information is received, the Agent should consider entitlement to Immediate Support payment. |
