6.1.3 Receive a claim Agent registers claim | Person-centred support | Panel firm investigates claim | Responsibilities of the panel firm | Determine liability | Agent makes decision on liability | Claim referred to Magistrates' Court or County Court | Agent pays entitlements | Impact of taxation | Centrelink payments Agent registers claim

When Agents receive a valid death or dependency claim they must register the claim within two business days.

The Agent establishes whether the deceased worker has had a previous or current WorkSafe claims. Where possible, the Agent must collect the claims files as soon as practicable as they may contain important information about the death claim.

If the worker’s death is related to a current or previous WorkSafe claim, the Agent must ensure the details of the death are recorded and that a Claim for Compensation Following a Work-related Death form is completed. A separate claim for dependency entitlements is not registered where the death is related to the previous claim.

The Agent reviews the claim form to ensure essential details are provided. If there is a material defect Material defects, omissions or irregularities can affect the decision to accept or reject a claim., omission or irregularity, the Agent should contact the person making the claim or their representative by telephone for more information.

If telephone contact is unsuccessful and the material defect, omission or irregularity is not within the knowledge of WorkSafe or the employer, the Agent must return the claim form to the person making the claim or their representative within 14 days of the claim being given, served or lodged, together with a notice setting out the relevant details and requesting the missing information.

A claim form that contains a material defect, omission or irregularity should be treated as invalid.

If the invalid claim is not returned to the person making the claim within this timeframe, the claim is deemed to be valid and the claim should be registered.

See: Valid claims | Invalid claims

The Agent registers the valid claim within two business days of receipt. The Agent must also record all claimants who are listed on the claim form. Only when liability and dependency are both accepted are dependency claims registered for each dependent.

The Agent must refer all claims for death and dependency entitlements (including those for medical and like expenses only) to the Dispute Management Division at WorkSafe within five business days of receiving it via the allocations email: allocations@worksafe.vic.gov.au.

As additional claims information is received, the Agent should consider entitlement to Immediate Support payment.

See: Immediate Support Payments

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