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Entitlements following a work-related death

For: Claimants Advocates

You may be entitled to financial compensation or assistance following the death of an employee as a result of a work-related injury or illness.


We know it is a difficult time following the death of a loved one.

If you would like to speak with someone about assistance which may be available or steps in this process, call us on 1300 366 979 and ask for the Asbestos and Lump Sum team.


Eligibility

If you are a dependant of a current or former employee of an Australian Government agency or statutory authority, or of a self-insured licensee, who died as a result of a work-related injury or illness, you may be entitled to compensation.

You are a dependant if you depended on a person, either fully or partly, at the time of their death and:

  • you are their spouse, parent, step-parent, father‑in‑law, mother‑in‑law, grandparent, child, step-child, grandchild, sibling, or half-sibling, or
  • you stood in the position of their parent, or
  • they stood in the position of parent to you.

Type of payments available

As a dependant, you may be eligible for:

  • a lump sum payment
  • fortnightly payment for each child aged under 16, or aged between 16 and 25 who is receiving full-time education and is not working
  • payment or reimbursement of funeral expenses.

For details of these payments, see Statutory rates.

How to make a claim

Employee of an Australian Government agency or statutory authority

  1. Complete the Work-related Death Compensation Claim form (PDF, 229.0 KB).

    Attach documents to support your claim:

    • a copy of the death certificate
    • evidence of the person’s employment, such as payroll records
    • a copy of the marriage certificate for a husband or wife who is a dependant
    • a copy of a birth certificate for a child who is a dependant
    • copies of any other documents that help show relationship and dependency. This can include a rental agreement, rates notice or bank statements in joint names.
  2. Submit the form and related documents to Comcare:

Employee of a self-insured licensee

If the employee worked for an organisation which is a self-insured licensee, a staff member in the organisation or a third-party provider manages the claim. Speak with the human resources team in the organisation for more information.

See a list of corporations and organisations with a self-insurance licence.

After we receive your claim

We acknowledge and register your application within two working days of receiving your application.

If you don’t receive this response, email general.enquiries@comcare.gov.au or call us on 1300 366 979 and ask to speak with the Asbestos and Lump Sum team.

We may need to contact other people or organisations while we assess your claim. This can include:

We contact you regularly, or your solicitor if you are legally represented, to provide an update on the progress of your claim.

We make every effort to determine your claim as quickly as possible. However, delays or hold-ups can occur when we need further information to assess a claim.

We consider each case on its merits and once we have all available evidence, we make a determination.

We provide the decision to you in writing and we also call you. Contact us at any time if you want to discuss or clarify any aspect of the determination letter.

Possible outcomes of a claim

Following assessment of your claim, we can decide to:

  • accept liability for death of the person and accept liability for payment of lump sum and funeral expenses
  • accept liability for death of the person and accept liability for payment of funeral expenses, but do not accept liability for payment of a lump sum (if there are no financially-dependent dependants)
  • accept liability for fortnightly benefits to dependent children, or
  • not accept liability for death of the deceased.

If you disagree with the determination

If you disagree with our determination, you can ask us to reconsider it. You need to submit an application for reconsideration within 30 days of our determination or apply for an extension of time.

The employer of the person who died is also able to apply for a reconsideration if they do not agree with our determination.

For more information about this process, see Apply for a reconsideration.

Page last reviewed: 18 December 2019
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Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 09 Aug 2020

https://www.comcare.gov.au/claims/supports-benefits/work-related-death