6.1.4.1.1 Circumstances where Immediate Support payments may be considered
The Agent or Self-insurer must consider the following criteria to determine whether an Immediate Support payment applies to a death:
Definition of worker
Evidence indicates that the deceased is likely to be a ‘worker’. This includes contractors and others who are ‘deemed’ to be workers under the legislation.
Course of employment
Evidence indicates that the worker’s death resulted from or was materially contributed to by an injury that arose out of or in the course of employment. It is important that the worker’s employment must also have some connection with the State of Victoria.
Injury/cause of death
Subject to the exclusions set out below, if an injury arising out of or in the course of employment results in or materially contributes to the worker’s death, Immediate Support payments may be considered. For example, in the case of a traumatic death Immediate Support payments to the family can be considered.
Circumstances where Immediate Support payments cannot be considered
Immediate Support payments cannot be considered where the death was due to a:
- heart attack injury
- stroke injury or
- disease.
The exception is where, at the time of the worker’s death, the Agent had accepted liability for a claim for compensation made by the worker before their death in respect of that same injury and the worker was in receipt of compensation payments before their death.
Immediate Support payments cannot be considered if the worker’s death was or appears to be, an act of suicide.