6.1.3.6 Claim referred to Magistrates' Court or County Court
The Magistrates’ Court or County Court determines the amount of compensation that will be paid to dependants in the form of a dependency lump sum and interest (based on the date the claim was lodged) for claims with:
- unrepresented dependants
- persons under a disability
- minors
- unborn children.
The court may also be required to determine:
- liability for compensation under the legislation (where a person contests a decision by the Agent to reject liability and/or entitlements)
- the amount of interest payable on dependent lump sum claims
- the correct PIAWE rate for pension calculation, if disputed by the dependant/s.
The court is not required to determine the amount of compensation that will be paid to close family members In relation to a work-related death, a ‘close family member’ of a worker means a person who, at the time of the worker’s death: • was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian, and • had a genuine personal relationship with the worker. in the form of a grief and loss lump sum.
However if the close family member In relation to a work-related death, a ‘close family member’ of a worker means a person who, at the time of the worker’s death: • was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian, and • had a genuine personal relationship with the worker. is a minor or person under a disability, the grief and loss lump sum must be paid to a trustee for the minor or person under a disability appointed by the court.
Panel firm
When the Magistrates’ Court or County Court has made its determination the panel firm:
- notifies the Agent of the details of the court’s determination immediately
- confirms the determination in writing to the Agent within two business days
- where applicable, provides the Agent with a copy of the sealed orders
- updates ACCtion with the result/outcome details.
Agent
If written details of the determination have not been received within two business days of providing instructions or the determination date (if known), the Agent must follow up with the panel firm to avoid delaying the payments and incurring penalty interest Penalty interest awarded when there is a delay in the payment of compensation..
See: Interest payable
