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 Increased death benefits in NSW

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Number of posts : 2
Age : 57
Registration date : 2009-01-01

PostSubject: Increased death benefits in NSW   Thu Jan 01, 2009 12:59 pm

I have posted this article in another topic so sorry if you have already read it. ('Embarassed')

The various schemes in Australia all pay lump sum and dependants benefits to the dependant survivors. These vary in generosity.

Surprisingly though the NSW government has recently increased the no fault lump sum benefit to dependants of injured workers. The benefit was $331,250 but has been increased it to $425,000 which is very good. A claim can be made again for the difference if you have already made a claim.

It allows the lump sum benefit to be paid to a worker’s estate where the deceased leaves no dependants. This is a very good reason to make sure any worker should have a will. If a worker without children or spouse dies without a will it is expensive and difficult to have a court administer an estate. A will can direct payments to those who the worker has made up his or her mind as needing it. Eg a brother or sister with a disability or parents.

It ensures too that weekly payments to a dependant are not reduced because of partial dependency. However, partial dependency may still be taken into account when apportioning the lump sum between multiple dependants.

These workers compensation reforms are retrospective and apply to deaths that occur on or after 24 October 2007, and are as a result of workplace injuries that occurred on or after 30 June 1987. It is possible for those who have already claimed to claim a top up benefit.

Remember too that in some cases there may have been negligence in how the worker died who earned a great deal more than the no fault benefit. If that is so then a claim for damages may be possible too at common law. There are caps though.

I am an avowed opponent of what NSW has done to injured peoples' rights but this is a definite step in the right direction.

Have a great 2009
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