Minister's foreword
"The NSW Government strongly believes the lives of workers must be priority number one for businesses. No excuses and no exceptions. One fatality is one too many.
The Government has put work heath and safety front and centre, with zero tolerance for those who put the lives and safety of workers at risk. We are committed to ensuring workers are protected through education, awareness and cooperation between Government, industry, unions and the public.
I am proud to be the first Minister in NSW to hold both the Industrial Relations and Work Health and Safety portfolios and will use my position to champion the importance of safety in the workplace.
I congratulate the Family and Injured Workers Support and Advisory Group on this valuable initiative and important resource.
This guide provides clear and easy-to-understand advice for those who have lost a loved one from a workplace incident.
Further, it points people in the right direction to access the services and support available during what is undoubtedly a traumatic time and provides answers to questions a grieving family may not have thought to ask.
The guide includes practical information about what will happen during the investigation process and navigating workers compensation, as well as arranging a funeral, finding a will and who to notify that someone has died.
My hope is this guide never needs to be used because everyone who heads off to work returns home safely at the end of their shift."
Sophie Cotsis, Minister for Work Health and Safety
Get support
It is important that you look after yourself during this difficult time. Learn about the support services and resources that are available for you and your family below.
Find someone to talk to
When someone close to you dies, you will experience grief. Practitioners such as counsellors and psychologists can help you to:
- talk about your loss
- understand the stages of grief and what you are feeling
- find ways to cope in the weeks, months and years after the loss
- obtain the support you need
- deal with symptoms, such as appetite or sleep disturbance, isolating yourself or difficulty with day-to-day life.
It can be difficult to find the “right” practitioner to talk to. Sometimes, the first person you talk to isn’t the right fit. Finding the right match for you may take time. Find a practitioner at the iCare website.
You may also like to talk to your doctor to seek help dealing with your grief. By talking to your doctor, you may be eligible for assistance with the cost of some mental health treatments. Find information about mental health care at the Services Australia website.
Assistance in your language
If you are looking for an interpreter or translator, NAATI have a directory of providers. You can also access these services at TIS National Services or by calling 131 450.
Resources
Visit the Family and Injured Workers Support and Advisory Group page to find resources about how to support your mental wellbeing, information and support programs and the investigation process.
Practical matters
It can be difficult to think clearly about practical matters when you are grieving the sudden loss of a loved one. There can be pressure to make big decisions quickly. Find information to help you make the right decisions for you and your family.
Coroner
A death will be referred to the coroner if it is: sudden, unexpected, violent, or the cause of death is unusual or unclear. When a death is referred to the coroner, it can sometimes delay the funeral.
Find out what to expect when a death is referred to the coroner.
Will
Locating the will of someone who has died may provide details of the wishes of your loved one. Find more information about where you will find a will and what to do if there is no will.
Funeral
Arranging a funeral can be a complicated process at a difficult time. You may like to contact a funeral director to assist with making the arrangements for the funeral. The funeral director can also assist in registering the death and applying for the death certificate, or liaising with other parties, if necessary i.e. the Coroner.
Find more information about using a funeral director.
Some of the associated costs of the funeral may be covered if the death happened at work.Learn more at the iCare website.
Financial matters
If you need immediate financial assistance, contact your nearest Centrelink office, or visit the website.
Consider if you need to contact your bank or financial institution to discuss your options for a mortgage or personal loan payments. Other financial support for funeral and death benefits may be available to you from your loved one’s Superannuation Fund, Life Insurance or Unions.
Financial counsellors are available to help and will provide support and advice. For free financial counselling advice contact the Financial Counsellors Association of NSW on 1300 914 408 or visit the website.
You can also reach out to the Touched by Christopher Foundation that can provide financial support for families following a workplace death in NSW.
Workers compensation
If you are the dependent of the loved one who has died at work, you may be entitled to support through Workers Compensation.
Your loved one’s employer may contact you to advise the Workers Compensation details, or you may receive a letter from the insurer. If you do not receive a letter from the insurer, you can contact them directly, call icare’s Fatality Support on 02 9216 3375, or email fatality.notifications@icare.nsw.gov.au
Employer contact
Your loved one’s employer should contact you to:
- confirm and pay money owing from the workplace, including salary, holiday pay, long service pay etc.
- arrange returning any personal items to you
- arrange the return of work-issued items i.e. laptop or phone.
If the employer does not contact you, you should contact them.
Who to notify
In time, you will need to advise other services of your loved one’s death. Australian Death Notification Service (ADNS) is a free government service to help people advise multiple organisations with one notification. The ADNS is a service to digitally notify multiple organisations that someone has died. Translation services are available.
Below is a suggested list of service providers you may wish to notify, if not already notified by the ADNS.
- Accountant
- Australian Electoral Commission
- Australian Tax Office
- Australian Passport Office
- Banks
- Centrelink
- Clubs or Associations (RSL, sports and fitness)
- Councils
- Charities your loved one supported or donated to
- Dentist
- Doctor or other health providers
- Education provider or schools
- Executor of will
- Car Insurance
- Home Insurance
- Health Insurance
- Medicare
- Optometrist
- Online accounts (email and social media accounts)
- Property manager or landlord
- Superannuation fund
- Vehicle registration (Transport NSW)
- Utilities (gas, electricity, phone and water)
Who will contact you
If you are the next of kin, you may be required to make decisions and be a point of contact for some government departments. A next of kin is a person’s closest living relative. This could be a blood relative – a child or parent, or those with a legal status – a spouse, partner or child.
As the next of kin, you may seek answers from these departments, such as details about the incident and investigation process. The departments involved may not be able to give you all of the detail or answers, as it may impact investigations or future legal proceedings. It can be difficult to understand, but processes must be followed, to make sure that any legal matters are not put at risk.
This process can be complex. The below diagram shows the different stages and various departments that may be involved.
1
Response to incident
A number of government departments may be involved, including NSW Police Force, SafeWork NSW and NSW Coroner.
2
Incident Investigation
Departments that may be involved include the NSW Police Force, SafeWork NSW and NSW Coroner and Insurance Agency (determining liability for workers compensation).
Investigations by SafeWork NSW are most commonly undertaken in response to workplace incidents that result in the serious or fatal injury of workers, but may also be in response to dangerous occurrences, serious safety risks or work-related illnesses.
Unfortunately limited information can be provided to families, including the next of kin and injured workers during the investigation process. This protects the integrity of the investigation and any potential future prosecution proceedings.
SafeWork NSW has developed a Customer Service Standard which outlines the investigation process and what you can expect whilst an investigation is undertaken under the Work Health and Safety Act 2011 (the Act).
3
Regulatory/Legal Action
Investigations are complex and can often take several months to complete.
Once the investigation is completed, the evidence gathered during the investigation will be reviewed.
If the review discloses an alleged breach of the Work Health and Safety Act 2011 (the Act) or other work health and safety law, SafeWork NSW will determine what enforcement action, if any, should be taken.
Consideration of a prosecution
A number of issues are considered when determining whether to start a prosecution. We set these out in our prosecution guidelines.
The Coroner may also be involved (in a fatality) to determine the manner and cause of death. We may provide the Coroner with a report.
The evidence from the Coronial inquest may also be used by us in any prosecution.
Requesting a prosecution
This information is only relevant to prosecution under the Act.
A person can ask SafeWork NSW to start a prosecution if:
- they believe a category one or two offence under the Act has occurred
- at least six months (but not more than 18 months) have passed following the incident and we have not started a prosecution
Complete the application form for SafeWork NSW to start a prosecution.
Prosecution summaries
SafeWork NSW provides brief summaries of their prosecutions where there has been a finding of guilt and a conviction.
Convictions are only under the following legislation:
Summaries do not include penalties that are 'spent' under the Criminal Records Act 1991.
This information does not contain or convey legal advice.
We want to share what we have learned about what to do when someone that you love dies at work. We have put together this information for families, as it would have helped us having this information easily available, in one location. We hope that it helps you, even just a little.
Family and Injured Workers Support and Advisory Group