Dependency claims

When a person lodges an application for compensation—fatal injury, they need to provide WorkCover with a number of different documents to support their claim.

Lodging the application

To lodge a claim, the Application for Compensation—Fatal Injury form will need to be signed and completed. A letter from a solicitor is not sufficient.

Whether the deceased person was a worker

In cases where the person has died as a result of a latent onset injury, such as mesothelioma or malignant skin cancer, WorkCover needs to determine whether the deceased person was a ‘worker’ during the period of exposure.

Information we need about the deceased person includes:

• statement from the claimant outlining the deceased person’s work history and the relevant exposure
• copies of documents such as articles of indenture or apprenticeship, taxation returns or other financial documents showing payment of wages, union membership during the period of exposure and any other documentation about employment which might be available
• where there is no documentary proof of employment, corroborating statements from co-workers.

Medical evidence

The approved Q-COMP certificate for fatal injury is the best evidence of a worker’s death.  Where the Q-COMP certificate for fatal injury cannot be issued, WorkCover will require one of the following:

• the autopsy (post mortem) report or
• the death certificate or
• the report of a Coroner’s Inquest.

In some circumstances WorkCover may also obtain ambulance, hospital or other medical records.

Members of the family

In order to prove they are a ‘member of the family’ of the deceased worker a person must provide the following:

• for a wife/husband—a marriage certificate
• for a defacto spouse—proof of the defacto relationship for example:
• joint bank accounts
• joint ownership of property
• utilities accounts in both names
• for a dependant child, whether a child or grandchild of the deceased worker—a birth certificate
• for a dependant child over the age of 16—proof of full time education
• for a foster child—relevant documentation from the Department of Children’s Services.

Level of dependence

WorkCover needs to be able to establish the ‘reasonable and proportionate’ monetary value of the loss of dependence.  WorkCover looks at the household income of the claimant and the deceased person rather than just wages when calculating the monetary value of the loss of dependence.  The documents we need include:

• tax returns for the deceased worker and the claimant for the three years prior to the date of death
• copies of letters setting out the amount to be paid under a child support order
• bank statements of both parties to identify:

• monies being transferred from the deceased worker’s account to the claimant’s account
• payments for groceries and utilities
• the level of the claimant’s income.

Statements from claimants

Where a person is claiming to be dependant on deceased worker, we will take a statement covering matters such as:

• how long the dependency has existed and how it came about
• the basis for sharing day to day expenses
• the claimant’s income
• whether the claimant suffers from any disability
• the claimant’s estimate of the monetary value of the loss of dependence
• any proof that the deceased worker was providing monetary support
• how long the dependency would have continued if not for the worker’s death
• whether the claimant and the deceased worker jointly own any property.

Who to pay

WorkCover requests the following documents following the death of a worker:

• The Will of the deceased person, if applicable
• Grant of Probate if there is one—this document is issued by the Supreme Court
• Letters of Administration if there is one—this document is issued by the Supreme Court in circumstances where the person died without a Will.