A workers fatal accident claim arises when a worker dies as a result of:

• A workplace accident
• A work-related injury
• A work-related disease
• Travelling for work purposes
• Medical complications from a work injury

These claims provide compensation to dependent family members and cover various expenses related to the worker’s death. The claim process recognises the sensitive nature of these circumstances and provides specific support for families.

The following people may be entitled to claim compensation:

• A dependent spouse or de facto partner
• Dependent children (including stepchildren)
• Other dependent family members (in particular, parents and siblings)
• Anyone who was wholly or partly dependent on the worker
• The person responsible for funeral expenses
• The deceased worker’s estate

Please note that the definition of dependency is determined by financial and other forms of support provided by the deceased worker to the person claiming dependency.

Available benefits include:

• A lump sum death benefit
• Weekly payments for dependent children
• Funeral expenses
• Associated medical expenses
• Legal costs covered by IRO
• Interest (in some circumstances).
• The NSW Trustee and Guardian Fees (in circumstances where the dependent person is a child or under a legal incapacity and cannot manage their finances).

The claim process involves several steps:

• A death certificate must generally be obtained
• Documentation proving dependency must be gathered
• A Fatality Notification Form must be completed
• Evidence of dependency must be provided
• Legal representation should be sought
• The insurer will assess the claim
• The Personal Injury Commission is required to approve any settlement agreement created by the parties.

Support is available throughout this process, and legal costs are covered by IRO.

• Financial support provided by the deceased worker at the time of their passing.
• The nature of the relationship
• The level of dependency (wholly or partly dependent)
• Living arrangements at the time of their passing.
• Financial commitments and arrangements at the time of their passing.
• Support provided for children at the time of their passing.
• Regular financial contributions at the time of their passing.
• Shared financial responsibilities at the time of their passing.
• Other contributions made by the deceased to the dependent.
• Contributions that the dependent anticipated the deceased making.

• The number of dependent children
• The age of dependent children (that is, weekly payments are available in respect of children up to the age of 16 (or 21 if they are in full-time education).
• The prescribed maximum amount under NSW legislation

Time limits for fatal accident claims include:

• The death must be reported to the employer as soon as possible
• Claims should be made within 6 months of the date of death
• Extensions may be available in certain circumstances
• Different time limits may apply for disease-related deaths
• Early notification is important to preserve evidence
• Prompt legal advice should be sought

Required evidence typically includes:

• Death certificate
• Medical reports linking death to work
• Marriage or relationship certificates
• Birth certificates of dependent children
• Financial records showing dependency
• Evidence of shared living expenses
• Proof of funeral expenses
• Documentation of any prior workers compensation claims
• Witness statements (where relevant)

Various support services are available:

• Grief counselling services
• Legal support through IRO-approved lawyers
• Assistance with paperwork and claims
• Financial assistance with funeral arrangements

The duration of a death benefits claim can vary:

• Initial benefits (like funeral expenses and weekly payments) may be paid promptly
• Lump sum death benefits are usually processed within 2-3 months
• Complex cases may take longer
• Disease-related deaths may require additional investigation
• Multiple dependent claims may need more time
• Disputed claims can extend the timeframe
• Legal representation can help expedite the process