“How will my family cope?”
In 2016 there were over 90 reported deaths in the workplace. It is difficult to imagine the impact the death of a family member has on those left behind, particularly when the death occurs at work. It is common for workplace deaths to occur while a worker is driving to or from their place of work.
Toby Tancred can assist by guiding families through the death benefits process. Families can find dealing with insurers and the workers compensation scheme complicated and upsetting. Family members are entitled to be advised by Toby Tancred. The Workers Compensation Independent Review Office (WIRO) can assist by providing funding for this legal advice.
The family or Estate of a deceased worker can receive funeral expenses up to $15,000, compensation of the deceased worker of over $800,000 and a weekly payment for each child of the deceased worker until they attain the age of 16, or 21 if they continue studying. These weekly payments are currently indexed at over $140 per week per child.
A claim for death benefits should be lodged with the deceased worker’s employer or its insurer within six months of the date of death. A death benefits claim can be brought by the deceased worker’s Estate or a family member.
If the insurer accepts the claim it will attend to direct payment of your compensation. However, if the insurer disputes your claim Toby Tancred will need to take further action on your behalf. This may involve the need to have the claim for death benefits decided by the Workers Compensation Commission. This process can also be funded by WIRO.
Toby Tancred has acted for the families of many deceased workers in incredibly trying times. Toby Tancred is a WIRO accredited Solicitor and a Law Society Personal Injury Accredited Specialist with the experience, knowledge and ability to help families navigate the death benefits process.