6.2.1.8 Compensation after the death of a worker
Compensation is not payable after the death of a worker except in limited circumstances as follows:
- A claim for compensation has been received by the Agent or Self-insurer; and
- The workers has received a decision of the Authority or Self-Insurer in relation to liability for the claim or liability for the claim has been determined by a court; and
- The worker has received an assessment or assessments; and
- The most recent assessment determines the worker has a degree of the impairment that entitles the worker to compensation; and
- The worker dies before the compensation is fully paid
For the claim for impairment benefit to be payable in limited circumstances after the death of a worker the impairment benefit form must be received by the Agent on or after 26 September 2018, which is the date the amendments to the Act came into operation.
If the worker dies following the issuing of the Notice of Liability, Assessment and Entitlement the worker’s estate is entitled to receive compensation as per the Notice.
If the worker has attended the Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12 but dies prior to receipt of the Opinion the entitlement is based on the original Notice of entitlement.
If the worker elects to dispute liability but dies before the injury has been accepted or assessed, the entitlement reverts back to the original Notice of entitlement.