6.1.3.4 Determine liability

Upon receipt of the recommendation of the panel firm, the Agent should determine:

If established, death and dependency entitlements can be paid.

See: Entitlements

Definition of a ‘worker’

When determining if the deceased worker is a ‘worker’ under the legislation, the same rules for an injured worker apply.

See: Define a worker

Information to determine liability

Where practical and relevant, information and documents are required to establish:

  • the cause of death
  • the relationship between the death and employment.

The type and amount of information or documents required varies based on the cause of death.

Generally, documents or information required will include but not be limited to:

  • death certificate
  • health records
  • employment records
  • accident reports (Victoria Police etc.).

For further assistance for information and documentation required – see: Guidelines for Claims for Compensation following the Death of a Worker.

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Information to determine dependency

For dependency claims received by an Agent on and from 10 December 2009, a partner who resided with the deceased worker at the time of the worker’s death is deemed to have been dependent on the earnings of the deceased worker at the time of his or her death.

To make a determination of the dependency status (wholly, mainly and partially) of the dependant/s, generally documents or information required will include but not be limited to:

  • deceased tax returns
  • partner tax returns
  • business tax returns
  • bank records
  • a copy of any marriage certificate (or equivalent documentation)
  • a copy of a child's birth certificate or passport.

Additionally, to make a determination of the dependency entitlement, information about all dependants and their dependency status must be obtained.

For further assistance for information and documentation required – see: Guidelines for Claims for Compensation following the Death of a Worker.

Information to determine close family member

For grief and loss compensation for a death on or after 6 August 2025, information and documents are required to establish the applicant:

To make a determination of the relationship of the applicant/s, generally documents or information required will include but not be limited to:

  • the list of information required to determine liability (if not already provided, via another claim)

  • statutory declaration and, where required, documents to support the declaration (for example, photos or message exchanges in the last 12 months prior to the worker’s death).

Note: in some cases information may not be required where the family member 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. is determined to be a wholly or mainly dependant of the deceased worker.

See: Guidelines for Claims for Compensation following the Death of a Worker.

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Collection of information and documents

In consultation with the allocated panel firm, if it is determined that information or documents are needed or outstanding, the Agent can request this information directly from the person making the claim, in writing or in person (their legal representative, if applicable, must be informed of the contact before it is made).

Exchange of information

The Agent and/or panel firm should exchange relevant documents and information with the legal representative of the person making the claim or directly with that person, if not legally represented.

Each household claim must be managed separately from other household claims, therefore there must be no exchange of documents and information relating to private information about the deceased worker (unless the person is the next of kin) or another person’s claim.

Concerns about the release of privacy information to a third party should be referred to the Agent’s Privacy Officer or to the panel firm.

See: Guidelines for Claims for Compensation following the Death of a Worker.

Liability determination made

Before making a liability determination, ensure the person/s making the claim will receive the correct entitlement. Consideration should include but not be limited to:

  • have all dependants been identified and assessed?

  • has the dependency status changed between wholly/mainly and partially?

  • should a child be determined a dependent orphan?

Where a dependency claim is from a person other than a partner or child of the deceased worker (other dependant, such as a parent Parent of a worker includes a person who has day to day care and control of the worker, sibling or other person), consideration must be given as to whether a dependent partner or child exists:

  • if there is no dependent partner or child, whether the other dependant has a dependency lump sum entitlement limited to an amount determined by section 237(2) or (3)

  • if there is a dependent partner or child, the other dependant would have:

    • no dependency lump sum entitlement if the death is before 6 August 2025

    • a dependency lump sum entitlement limited to an amount determined by section 237AA, if the death is on or after 6 August 2025.

An entitlement to a grief and loss lump sum is not linked to a dependency determination.

  • A person’s dependency claim does not need to be determined before a grief and loss entitlement is determined. However where a dependency entitlement is established for a wholly or mainly dependant, liability for a grief and loss lump sum payment can be quickly determined due to the close nature of their relationship with the worker.

  • An adverse decision about the person’s dependency entitlement does not remove any entitlement for a grief and loss payment.

See: Grief and loss lump sum

Note: compensation for a person’s grief and loss must be determined on claims where the death is on or after 6 August 2025.

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