The reasonable costs of medical and like services, burial or cremation costs (including repatriation if required) and family counselling services can be claimed by any person who has incurred the expense. Agents must be pro-active in advising family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner of their entitlement to family counselling without delay, subject to the acceptance of the claim.
Medical and like services
Expenses for medical and like services may be incurred between the date of the worker's injury and the date of death. Services include hospitalisation, ambulance transportation, medical treatment, supported accommodation (e.g. nursing home) etc.
Burial or cremation expenses including repatriation
WorkSafe can pay the reasonable costs for the deceased worker’s:
burial or cremation: the maximum payable is $15,230 upon receipt of the invoice.
repatriation of their body or remains for the purpose of a burial or cremation: the maximum payable is $15,000 upon receipt of invoice or other evidence.
Note: Agents should direct queries on accounts received for a service over the maximum amount to the Coordinator, Death and Dependency Claims at WorkSafe.
See: Burial or cremation
Travel & accommodation expenses to attend a burial or cremation service
WorkSafe can pay reasonable costs of travel or accommodation expenses incurred by immediate family members of a worker where:
a burial or cremation service is held in respect of the worker and
the service is held at least 100 kilometres from the normal residence of the worker’s family members.
The maximum amount payable is based on the date of death – the current amount is $5,520 (indexed 1 July each year). The amount is for the entire family (i.e. not an individual amount).
WorkSafe can pay the reasonable costs of grief counselling, to a maximum per death claim.
Immediate family members include a deceased worker’s partner, parent Parent of a worker includes a person who has day to day care and control of the worker, grandparent, sibling or child or child of the deceased worker’s partner.
Family counselling must be provided in Australia, by a medical practitioner, registered psychologist Registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).; or social worker social worker means a person accredited with the Australian Association of Social Work and registered with WorkSafe to provide social work services (other than as a student) approved by WorkSafe.
The maximum amount payable is based on the date of death – the current amount is $6,990 (indexed 1 July each year). The amount is for the entire family (i.e. not an individual amount).
Claiming for medical and like expenses
A claim for medical and like expenses can be made using the Claim for Compensation Following a Work-related Death form.
Where a dependant is claiming a weekly pension or lump sum the reasonable costs of burial or cremation (including repatriation if required), medical and like services and family counselling form part of this claim and do not need to be claimed separately.
Copies of relevant accounts or receipts should be provided with the claim. If not provided, the Agent or self-insurer must take steps to obtain these whilst liability is being determined.
Payment when liability accepted
Payment of reasonable medical and like services can only be made once it has been determined that the death is work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment.. If the claim includes an application for dependency, the Agent or Self-insurer must not wait for the issue of dependency to be established before making these payments.
Once liability has been accepted the Agent or Self-insurer organises payment of the reasonable medical and like services, including burial or cremation costs, subject to the supply of valid accounts or receipts.
For information on how liability is assessed - see: Receive a claim.
The employer has no liability for burial or cremation costs (including repatriation costs), supported accommodation (e.g. nursing home) or family counselling expenses.
Conciliation if liability is rejected
For a claim for medical and like expenses only, if liability for the death is rejected and subsequently the costs of burial or cremation (including repatriation, if applicable), medical and like services and family counselling are also rejected, the person making the claim can lodge a request for conciliation.
Conciliation is not required when the rejected claim includes a claim for dependency. In these cases, the dispute proceeds to the Magistrates’ Court or County Court.