In Western Australia, the provisions of the Workers Compensation and Injury Management Act 1981 state that certain dependents can be paid benefits upon the death of a worker.
A dependent spouse or dependent parents may be entitled to receive payment of compensation of what the Act defines as the Notional Residual Entitlement Amount (NRE Amount) which may depend on the degree of financial dependency and the compensation the worker received prior to death.
Each dependent child or step-child is entitled to receive a weekly allowance to the age of 16 or to the age of 21 if the child is engaged in full-time studies to that age or the dependent child or step-child can elect to receive an apportionment of the NRE Amount.
If a dependant considers that they may be entitled to any of the above compensation, they must make a claim by completing a claim form 2D and forwarding it to the employer. The form should be supported by all related medical documentation, death certificate, accounts, and details of the funeral expenses. The claim and other material will then usually be referred to the employer’s insurer for consideration.
The amount that can be changed is subject to change and Foyle Legal suggest obtaining legal advice from a fatal accident compensation lawyer so that you can understand your entitlement.