Changes in Workcover Policy on Death Claims

The WorkCover Corporation has just made an important change to their policy on how contested death claims are to be resolved. Section 44 of the Workers Rehabilitation and Compensation Act 1986 allows a dependent spouse or domestic partner to claim a lump sum payment of compensation where a worker dies as a result of a compensable disability. Dependent spouses, domestic partners and dependent children of deceased workers are also entitled to claim weekly income maintenance payments based on the extent of their financial dependency on the deceased worker as at the worker's date of death. Previously, where the Corporation rejected a claim under Section 44, the policy of the WorkCover Corporation on litigating the dispute was an all or nothing policy, the Corporation being of the view that dependents should either get the entire benefit available to them under the law or nothing which effectively forced all dependents to run their matters to a Judicial Hearing at great cost