6.1.4 Entitlements
6.1.4.1 Immediate Support payments | 6.1.4.2 Weekly pension | 6.1.4.3 Lump sum payment | 6.1.4.4 Medical and like expenses | 6.1.4.5 Expenses - non-dependent family members | 6.1.4.6 Pre 12 November 1997 death claims
A number of entitlements are payable depending on whether liability for the death is accepted and dependency is established.
See: Eligibility for entitlement
The Magistrates’ Court or County Court determines entitlements as a result of a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. death and the amount of those entitlements where the claim relates to:
- lump sum payments for unrepresented dependants, persons under a disability or minors, including unborn children
- disputed initial liability and/or dependency
- disputed PIAWE rate for a weekly pension.
In all other cases, the Agent will determine liability and dependency.
The Magistrates’ Court determines both eligibility and quantum for reimbursement of expenses for non-dependent family members.
Initial entitlement when liability is accepted
When liability is accepted for a death claim there is an immediate entitlement to compensation for the reasonable costs of:
- burial or cremation, including repatriation if required
- travel and accommodation costs for attending the burial or cremation
- family counselling services
- medical and like treatment between the date of injury and date of death.
Entitlement when dependency is established
When liability is accepted and dependency is established, a dependent partner, child or orphan is entitled to a weekly pension.
The Agent can commence payment of the weekly pension without referring the matter to the Magistrates’ Court or County Court. If the PIAWE rate is disputed, this can be determined by the Magistrates’ Court or County Court at a separate stage of the proceedings.
For claims where there are unrepresented dependents, a person under a disability or a minor, including unborn children, the Magistrates’ Court or County Court determines who is entitled to the quantum of a lump sum payment.
Legal costs
Where a claimant A person who applies for WorkCover benefits. has legal representation and there is no court involvement – refer to WorkSafe’s policy: Legal costs in dependency claims - non court involvement.
Where a claimant has legal representation and there is court involvement – legal costs are paid in accordance to the guidelines – refer to: Guidelines for Claims for Compensation following the Death of a Worker.