6.1 Death Claims
6.1.1 When a worker dies | 6.1.2 Make a claim | 6.1.3 Receive a claim | 6.1.4 Entitlements | 6.1.5 Indexation of entitlements
If a worker dies because 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 or disease there may be entitlements to compensation or other payments.
Manage sensitivity without delay
WorkSafe is committed to managing death and dependency claims sensitively and without delay. To achieve this, Agents:
- provide sensitive, proactive support to dependents, family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner and other persons affected by the death of a worker
- facilitate early lodgement of death and dependency claims and supporting documentation
- validate and process claims efficiently
- specialise and centralise the management of death claims with suitably experienced staff
- nominate two people as the contact points for death and dependency claims:
- a Technical Manager The Technical Manager liaises with Case Managers, employers, workers and legal providers to support the management of a workers' compensation claim., responsible for the technical management of the claim (such as liability decisions, entitlement processing and engagement with WorkSafe panel firm)
- a Family Support Specialist (FSS), responsible for delivering case management and emotional and wellbeing support to grieving families.
WorkSafe guidelines
WorkSafe has developed guidelines to assist in the appropriate management of these claims.
See: Guidelines for Claims for Compensation following the Death of a Worker
Entitlements
Entitlements can include:
- provisional payments under the Immediate Support Package for those eligible
- payment of the reasonable costs of medical and like services provided to the worker
- payment of the reasonable costs of counselling services to immediate family members
- payment of the reasonable costs of burial or cremation, including repatriation
- payment of the reasonable costs for travel and accommodation for immediate family members to attend the burial or cremation service
- a lump sum payment for dependants
- a weekly pension for dependent partner/s, child/ren or orphans
- reimbursement of expenses for non-dependent family members.
Panel firm recommendation
The panel firm is responsible for recommending whether a death is work-related.
See: Responsibilities of the panel firm
Disputes
All disputed liability and/or dependency claims, as well as those claims which include minors, persons under a disability or unrepresented persons, must be determined by the Magistrates’ Court or County Court.