6.1.7 Application for reimbursement of expenses

Where the deceased worker leaves no dependants, a 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. may apply to the Magistrates’ Court for reimbursement of expenses which were incurred as a result of the worker’s 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, where this caused the family member financial hardship. Some expenses are excluded.

Excluded expenses

The following expenses cannot be included in the application:

the cost of any medical and like service or contribution
the legal or other costs incurred by that family member as a result of a dispute arising from the deceased worker's will, or the distribution of the deceased worker's estate
an expense incurred as a result of the loss of a service provided to a member of the deceased worker's family.

Magistrates’ Court determines entitlements

The Magistrates’ Court will determine both eligibility and quantum for reimbursement of reasonable expenses (non-medical and like expenses) of non-dependent family members 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. for claims where there are no dependants.

The court must be satisfied that the applicant suffered financial hardship as a result of reasonably incurring specified expenses as a result of the worker’s death.

The Magistrates’ Court determines that a reimbursement is to be made.

The maximum amount payable per death is limited to $45,300 (indexed 1 July each year).

The Magistrates’ Court must not award any interest.

See: Indexation of entitlements (reimbursement of reasonable expenses)

Reimbursing expenses

If the Magistrates’ Court determines an amount to be reimbursed, the Agent or Self-insurer must make payments within five business days of being advised of the Court's determination in writing.

The employer has no threshold liability.

See: Employer threshold

Deductions before payment - taxation

Reimbursement of expenses payments are not subject to taxation laws and as such, no deductions are made.