6.1.3.3 Agent considers claim

Death and dependency claims, including claims for medical and like expenses only, must be referred to a panel firm, as allocated by WorkSafe's Dispute Management Division.

Guidelines have been developed for panel and plaintiff firms to manage claims for compensation following the death of a worker.

See: Approved panel solicitors | Guidelines for Claims for Compensation following the Death of a Worker

General responsibilities

The panel firm:

• manages the conduct of the claim

• obtains the documentation to establish if an entitlement to compensation exists

• makes recommendations after determining:

  • whether the deceased worker is a ‘worker’ under the legislation

  • the worker’s death arose out of or in the course of employment which resulted in or materially contributed to the worker's death

  • 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

  • the person making the claim is eligible to claim entitlements as a result of the work related death

• where possible provides documentation requested by the person making the claim or their legal representatives

• manages any litigated Magistrates’ Court or County Court process.

The Agent:

• liaises regularly with the panel firm

• assesses the advice of the panel firm

• provides instructions on liability.

Process

By	Action
WorkSafe	When notified that a claim has been received and registered: allocate the claim to an approved panel firm advise the panel firm of the allocation advise the Agent of the allocation update ACCtion See: Approved panel solicitors
Agent	Notify the following parties that panel firm has been appointed: the employer the legal representative of the person/s making the claim the person making the claim, if not legally represented. Notification can request copies of accounts or receipts for medical and like expenses, in particular burial or cremation expenses. With the exception of any Immediate Support payments, payment cannot be made until liability has been accepted for the claim. Review the claim to ensure the employer liability (excess) is met where applicable. See: Employer threshold
Panel Firm	Manage the conduct of the claim: obtain further necessary information arrange where practicable a conference with the legal representative of the person/s making the claim, as required a peer review with WorkSafe and Agent representatives facilitate the early and prompt exchange of relevant information and documents with the person making the claim or their legal representative within 90 days from the Agent receiving the claim, make recommendations to the Agent as to the acceptance of liability for the claim and the dependency of each dependant who has made a claim. Note: The period taken to make a decision on liability (90 days) may be extended in exceptional cases based on the circumstances of the claim and where the panel firm, the legal representatives of the person/s making the claim and WorkSafe agree. For information on how the panel firm investigates the claims see: Guidelines for Claims for Compensation following the Death of a Worker
Agent	Regularly liaise with the panel firm to: ensure the investigation is completed in a timely manner discuss the progress of the investigation, for example, if further information or documentation is required assist with obtaining necessary information from the person/s making the claim to complete the investigation attend peer reviews with WorkSafe and the panel firm. Contact the employer for confirmation of: the deceased worker’s PIAWE employment, contracts, etc Obtain the following form/s, to enable speedier processing of their entitlement if liability is accepted: Tax File Number Declaration forms for each dependant claiming for weekly pension, advising without this form, pension payments will be taxed at the highest rate applicable under the current Australian Taxation Office (ATO) rules Electronic Fund Transfer (EFT) application forms for each applicant ( to receive pensionand/or other payments directly into their bank account).

Legal costs

Where the person making the claim has legal representation and there is:

• no court involvement – see: Legal costs in dependency claims - non court involvement.
• court involvement – legal costs are paid in accordance to the: Guidelines for Claims for Compensation following the Death of a Worker.

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