Appendix 1: Context and relevant provisions - Standard 31 - Death claims

If a worker dies because of a work-related injury or disease, compensation is payable.

Death claims require proactive and sensitive management to ensure families and others are provided with appropriate support.

If a work injury results in the worker’s death, his/her dependant(s) or estate is entitled to be paid the compensation. Entitlements can include:

• a lump sum death benefit apportioned among dependants (or if no dependants, to the deceased’s estate)
• weekly compensation for dependent children
• reasonable funeral expenses, and
• compensation for the expense of transporting the body to the deceased’s usual place of residence or an appropriate place for its burial or cremation.

Some death claims are clearly work-related while for others, the nexus between death and work may not be clear. Insurers are to review all deaths that may be work-related that they become aware of (whether or not a claim has been made).

Death claims require proactive and sensitive management to ensure dependants are provided with appropriate support, and delays are minimised. Insurers can help the Workers Compensation Commission (the Commission) and families to reduce delay and legal costs.