Applications for workers' compensation

Claims for fatalities can arise in the following ways:

the worker dies immediately or soon after the injury
the worker sustains a non-fatal injury, but dies of the injury some time later
the worker sustains a non-fatal injury and later dies of complications from this injury
the worker sustains a non-fatal injury and dies from a subsequent injury arising from this existing compensable injury

Compensation for the death of a worker

Certain people can apply and be paid compensation after the death of a worker including:

the worker's legal representative may apply for compensation on behalf of the worker's dependants or other entitled persons, if expenses have been incurred
the person who incurred the expenses (this means an employer, family member or friend who paid the expenses e.g. funeral expenses) may apply for reimbursement
if the worker had dependants, the dependants may apply for compensation in their own right (e.g. a spouse who is totally dependant) or have an application made on their own behalf (e.g. a non-dependant grandparent may make an application on the worker's children's behalf)

How claims are assessed

Each application is assessed by the insurer against criteria set out in the Workers’ Compensation and Rehabilitation Act 2003 - the Act. (PDF, 1.6 mB).

WorkCover Queensland, or the deceased worker's employer if they are self-insured, will consider:

whether the person who suffered the fatal injury was a 'worker' as defined in the Act at the time of their injury;
whether the person suffered an 'injury' as defined in the Act; and
whether their employment was a significant contributing factor to the fatal injury.

If the applicant is claiming for loss of dependency, the insurer will also consider whether the person making the application for compensation was dependent on the worker at the time of fatal injury and the extent of such dependency.

If the applicant is claiming for expenses the insurer will also consider whether they incurred expenses arising from the worker's fatal injury.

If the employer does not have a workers' compensation policy, anyone who falls under the definition of a 'worker' is still entitled to lodge a claim for workers' compensation and such claims are managed by WorkCover Queensland.

People who are not eligible for coverage under the Queensland Workers' Compensation scheme may take out personal injury insurance with a private insurance company. If this is the case, you will need to contact the individual insurance company to find out eligibility and entitlements relating to the specific policy taken out.

Last updated July 11, 2005