Death claims require proactive and sensitive management to ensure families and others are provided with appropriate support.
Principle: Death claims will be managed with empathy and respect, and liability decisions and payment of entitlements in relation to death claims will be prioritised and not unnecessarily delayed.
|S31.1||If an insurer becomes aware of a death that may be work-related, the insurer must proactively investigate the circumstances of the death, including in cases where the death occurred some time after a work-related injury.||Proactive investigation to commence within five working days after becoming aware of the death.|
|S31.2||When an insurer is notified of a death that may be work-related, the insurer must contact the worker’s family, the family’s legal representative or another appropriate party without delay to advise them of the insurer’s role.||Contact within five working days after being notified of a death.|
|S31.3||Insurers must determine liability for death claims as soon as practicable; and where a liability decision is likely to be delayed, insurers must document the steps taken to obtain information relevant to determining liability.||Liability determined within 21 days after becoming aware of the death.|
In circumstance where more than one dependant or potential dependant is identified, insurers must: ||Application to the Commission for apportionment made within ten working days after accepting liability.|
|S31.5||Insurers must advise the family or legal representatives of the deceased as soon as possible after a liability decision is made.||Written confirmation of the liability decision within two working days after the decision is made.|
|S31.6||Insurers must commence weekly payments for dependent children as soon as possible after liability is accepted.||Commencement of weekly payments within ten working days after accepting liability.|
|S31.7||If weekly payments are payable to an adult dependent child (18-21 years in full-time education), insurers must advise the surviving parent or guardian (or legal representative) to seek advice regarding the tax implications of such payments.||Evidence on claim file.|