Workplace fatality claims

The following compensation entitlements may be claimed by dependants:

• a lump sum entitlement
• a regular allowance for dependent children
• funeral expenses up to a statutory maximum amount (also available to non-dependants)
• the worker’s reasonable medical and health expenses resulting from the workplace injury prior to the worker’s death (also available to non-dependants).

For more information on workplace fatalities see the Workplace Fatalities: Information for dependents of workers – fact sheet.

To make a claim the Workplace Fatality Compensation Claim Form must be completed and lodged with the worker’s employer.

There are several documents that insurers need to be provided with to enable them to assess liability for the claim. The required documents are described in the Workplace Fatality Compensation – Guide for Claimants and assist to determine:

• the cause of death
• the dependant’s relationship to the deceased worker
• the dependence on the deceased worker’s earnings.

The employer’s insurer will assess your claim and notify you of the outcome as quickly as possible.

Compensation relating to the lump sum entitlement and eligible dependent child allowance is only payable following a compensation order having been made by an arbitrator, regardless of whether the claim is accepted or disputed by the insurer / self-insurer.

An Application for Arbitration – Workplace Fatality Compensation- Coming soon – will need to be lodged with WorkCover WA’s Arbitration Service for an order for payment of compensation. The insurer will include a copy of the application form with the notification advising of the claim outcome.

For information on the amount of compensation for workplace fatality claims see Indexation of Workers Compensation Payments.

The following forms, notices and resources support the workplace fatality claim process:

Claimants

• Workplace Fatality Compensation Claim Form
• Workplace Fatality Compensation – Guide for Claimants
• Notice to WorkCover WA – common law action by dependants
• Child’s allowance proof of participation in full time study
• Application for Arbitration – Workplace Fatality

Insurers and self-insurers

• Compensation for Workplace Fatality – Guidelines for Insurers/Self-Insurers
• Workplace fatality liability decision notice – accepted
• Workplace fatality liability decision notice – disputed
• Workplace fatality – additional information notice