How to Claim Workplace Fatality Compensation in WA

Podcast Transcript: How to Claim Workplace Fatality Compensation in WA

Disclaimer:

The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.

Welcome to Personal Injury Claims Explained by Foyle Legal – your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and claim the compensation you deserve.

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Introduction

Today, we’re diving into a tough but important topic: workplace fatality compensation. Specifically, we’ll look at what happens when someone dies because of their job. We have insights from both WorkCover WA and Foyle Legal, breaking down this complex subject to make it easier to understand.

The Concept of Dependency

First, let’s talk about dependency. It’s not as simple as just being a family member. Think of it like a family tree – it’s not just about those lines on paper but about who financially relied on the deceased. Dependency can include a spouse, children, or even, in some cases, parents or siblings. Understanding who qualifies as a dependent is crucial.

A Real-Life Example

Let’s say your brother, the main breadwinner, passes away in a workplace accident. He has a wife and kids, but you also relied on his financial support. Could you be eligible for compensation? It’s possible, as WorkCover WA considers actual financial dependence rather than simply familial relationships.

Proving Dependency

Proving dependency is key. You’ll need documentation, like bank statements and financial records, that show a direct connection to the deceased person’s income. WorkCover WA requires this evidence to consider a claim.

Types of Compensation

There are four main categories of compensation you might receive:

1. Lump Sum Payment – A one-time payout.
2. Allowance for Dependent Children – Regular payments for children until they turn 16 (or 21 if they’re in full-time education).
3. Funeral Expenses – Coverage for funeral costs.
4. Medical Expenses – Costs related to the injury that caused the death.

Dependent Lump Sum Entitlement

The dependent lump sum, or DLSC, isn’t always straightforward. How it’s divided depends on the dependents’ relationships with the deceased. With multiple dependents, like children from a previous marriage, this division can get complex, making it beneficial to have legal assistance.

Child Allowance

This allowance is straightforward – paid out until the child reaches the age limit. WorkCover WA manages these payments to ensure they’re directed towards the child’s care.

Funeral and Medical Expenses

These are self-explanatory but important. Funeral and medical expenses help cover the immediate financial burdens.

The Claims Process

The claims process can feel overwhelming. A spouse, guardian, or dependent usually lodges the claim with the deceased person’s employer, who must send it to their insurer within 7 days. The insurer assesses the claim, but WorkCover WA stays involved to oversee the process.

Documentation Requirements

You’ll need a substantial amount of paperwork:

• Proof of Death – A death certificate or coroner’s report.
• Proof of Relationship – Marriage certificates, birth certificates, or, for de facto partners, evidence like bank statements and social recognition of the relationship.
• Financial Dependence – Tax returns, bank statements, and legal orders showing financial reliance.

The Role of the Arbitrator

The arbitrator, like a judge, makes the final decision on compensation. Even if the insurer agrees with the claim, the arbitrator determines the exact amount and details of the compensation, issuing a Compensation Order that specifies how much each dependent receives.

Special Considerations for Minors

The arbitrator may place funds in a trust for minors rather than handing over a lump sum directly to a surviving parent. WorkCover WA often acts as trustee to ensure funds are used appropriately.

Legal Support

Navigating this process alone can be challenging, especially with all the documentation and requirements. Foyle Legal emphasizes the importance of seeking professional legal advice to maximize your claim and avoid common pitfalls.

The Emotional Toll

Losing someone suddenly is never easy, especially in a workplace accident. Understanding your rights and accessing support can provide some relief, helping you find a way forward when you need it most.

Final Thoughts

Hopefully, this episode has clarified your rights and provided a roadmap for making a claim in the unfortunate event of a workplace fatality. Remember, every situation is different, and consulting a legal professional for personalized advice is always recommended.

Thank you for listening to Personal Injury Claims Explained by Foyle Legal. We hope this episode has helped clarify your rights and next steps in your injury claim. Don’t forget to subscribe, leave a review, and visit foylelegal.com for more useful information.