4.5.4 Burial or cremation

4.5.4.1 Repatriation for burial or cremation | 4.5.4.2 Overseas burial or cremation

WorkSafe can pay the reasonable costs for a burial or cremation, and repatriation if required when a worker dies 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. injury and there is an accepted WorkSafe claim for the death of the worker.

WorkSafe will pay up to a maximum of $15,230 towards a burial or cremation or repatriation.

What WorkSafe will pay for

Based on the date of death, WorkSafe is able to pay up to $15,230 towards the cost of burial or cremation services, upon the provision of a receipt or an invoice. Costs could include:

• funeral director’s professional services
• grave or cremation fee
• coffin/casket
• local transportation of the deceased (excluding repatriation)
• transfer fees
• other miscellaneous costs, for example: flowers, press notice, death certificate, clergy offering, urn
• gathering (wake)
• a simple identification plaque.

WorkSafe will take into account the cost of individual items as well as the overall cost in deciding what constitutes reasonable burial or cremation expenses. If less is spent on some of the components listed above, WorkSafe will consider paying for other items but only up to the maximum reimbursement amount. The reasonable cost allocated for repatriation is not available to supplement burial or cremation costs if the total exceeds $15,230.

Note: Agents should direct queries on accounts received for a service over the maximum amount to the Coordinator, Death and Dependency Claims at WorkSafe.

Burial or cremation during COVID-19

If a gathering (wake) cannot be held at the time of a burial or cremation service due to Government health advice which imposes capacity limits at the service, Agents should be flexible, within the capped amount, to support the needs of families. This flexibility may include but not limited to:

• enquiring if the funeral provider can hold multiple, small ceremonies on the same day
• using a funeral provider that can live stream the service
• families holding a memorial/wake at a later time when Government health advice permits.

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What WorkSafe will not pay for

Burial or cremation where WorkSafe has not agreed to meet the costs

If WorkSafe does not agree to meet the costs of burial or cremation, the family of the deceased worker will be provided with a letter setting out the reasons for the denial and their appeal rights.

Cancellation

WorkSafe will not pay for burial or cremation services where the funeral is cancelled or provided by an alternative funeral home.

Services or items not considered reasonable

WorkSafe does not consider the following items to be part of the reasonable costs of a burial or cremation:

• vault or crypt
• elaborate monument/tombstone/memorial chosen for personal or cultural reasons
• mourning cars.

No evidence of costs incurred

WorkSafe will not pay for any service or item in relation to a burial or cremation service without proof the cost has been incurred.

WorkSafe requires an invoice, receipt for payment or other evidence (for expenses incurred overseas) before payment can be made.

4.5.4.1 Repatriation for burial or cremation

Repatriation is for the purposes of a burial or cremation and liability to pay is linked accordingly.

WorkSafe can pay the reasonable costs of the repatriation of a deceased worker’s body or remains to their home state or country - this may be interstate, to Australia or from Australia. Local (intrastate) repatriation is considered a ‘transportation’ expense under the ‘reasonable costs’ of a burial or cremation.

What WorkSafe will pay for

Based on the date of death, WorkSafe is able to pay up to $15,000 towards the cost of repatriation which could include:

• funeral director’s professional services (including mortuary) in preparation for travel

• embalming

• certification, notary, apostilles or other official documents

• hermetically sealed container/metal-lining

• freight (airline)

• translation of official documents

• other miscellaneous costs.

The reasonable cost allocated to the burial or cremation is not available to supplement repatriation expenses if the total exceeds $15,000.

Note: Agents should direct queries on accounts received for a service over the maximum amount to the Coordinator, Death and Dependency Claims at WorkSafe.

What WorkSafe will not pay for

WorkSafe will not pay for the transporting of ashes, as a cremation service has already been held (exceptions may apply where immediate/urgent legal or cultural needs required cremation before the deceased’s body or remains were repatriated).

4.5.4.2 Overseas burial or cremation

When a burial or cremation service is held overseas, payment of the reasonable costs is based on the foreign exchange rate on the date of processing and is made via cheque in Australian dollars.

See: Emergency cheques

No invoice or receipt for expenses incurred overseas

Providers and families may have difficulties producing invoices and receipts for payment in relation to cost incurred for an overseas burial or cremation.

If no invoice or receipt for payment can be provided, the following can be considered suitable to prove a cost outside of Australia has been incurred:

Burial or cremation costs Wake or gathering costs

Quote from an organisation; and a quote must contain the service provider’s letterhead/branding with their name, contact details and address as well as detailed description of the item/s and expense/s incurred A completed Statement by organisation: Burial or cremation costs incurred outside of Australia form; and A completed Statement by individual person: Burial or cremation costs incurred outside of Australia form, by the person who paid the overseas service/s or item/s, if applicable.

Incidentals costs

A completed Statement by individual person: Incidental funeral costs incurred outside of Australia form, by the person who paid the overseas service/s or item/s; and Witnessed declaration (see justice.vic.gov.au/statdecs for approved witness list) if total expense is $2,000AUD or more. An approved witness may include: accountant chiropractor dentist financial adviser or financial planner legal practitioner, with or without a practicing certificate medical practitioner midwife nurse pharmacist police officer school teacher or principal.

Note: Agents should direct queries to the Coordinator, Death and Dependency Claims at WorkSafe.

Where an expense cannot be proven to WorkSafe’s satisfaction to have been incurred, it cannot be considered to be a ‘reasonable expense’ and will not be paid.

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