In the event of a fatality

A work-related death can have a profound impact on family, friends and colleagues.

In the event of a work-related death, there is important information and support that families and employers will need.

Here you'll find information about what to do next, support available to you and those coping with the passing of a loved one, as well as who to notify and how to make a claim.

Notifying SafeWork NSW of a fatality as a first step

If a notifiable incident occurs, you must notify SafeWork NSW immediately on 13 10 50.

A ‘notifiable incident’ under the work health and safety legislation relates to:

  • the death of a person
  • a serious injury or illness of a person
  • a dangerous incident

Significant penalties apply if you fail to notify an incident. In some instances SafeWork NSW may conduct an investigation.

Visit SafeWork NSW for more information

Notifying EML about a workplace fatality

When a fatality occurs, you will also need to inform EML, our appointed claims partner.

EML will provide much needed support to employers, families or those acting on the family’s behalf.

They will also step you through the process to make a compensation claim.

You can contact and make a claim through EML by phone. If you’d prefer to make a claim by email, please download a PDF notification form below and email it to the EML team directly. 

Phone Email Website 

13 77 22

7am to 7pm

Monday to Friday

(Closed on public holidays)

newclaims@eml.com.au For more information, visit 
www.eml.com.au/

Once you’ve reported a fatality 

When a fatality notification is received, a Case Management Specialist (CMS) will be appointed.

Your CMS will contact you (or the person who reported the incident) within two business days to talk through what happens next. 

You’ll be guided through the claims process, and your CMS will explain what information may be needed to investigate the circumstances of the death.

The CMS will also determine whether entitlements are payable.

Your CMS will also assist you by providing information about support services available through icare. This may include support for the families who have lost a loved one, and workplaces who have lost a colleague and friend.

If an investigation is conducted

When a death occurs in a workplace, an investigation may be required. If liability is accepted, financial support will be provided to the family.

The CMS will need information from both the employer and the next of kin to assist them with their investigation.

The CMS will provide regular updates to the next of kin and employer.

Benefits for employers and families

If the investigation finds that the death was work-related and liability is accepted, compensation is payable.

Benefits include:

  • funeral expenses (up to the maximum allowable amount)
  • a lump sum payment
  • weekly payments for dependent children up to the age of 16 (or 21 if they are in full time education)

Your CMS will provide further information about entitlements once a liability decision is made.

Find out more about payments for families

Support for those impacted by a fatality

The upheaval and devastation for the immediate family is overwhelming and it can be difficult to know how to help. It’s important to recognise too, that the workplace has also lost a workmate and friend, and may be deeply affected by the loss.

The icare Grief Support and Information pack is also provided to families who have lost a loved one, which outlines the role of Agencies who may be involved when a serious workplace incident occurs. It also offers insight about the experience of grief to help families overwhelmed by loss, including links to support services and practical information about how to support those grieving.

You can download a copy of the icare Grief Support and Information pack below, or you can ask your CMS to send a copy to you or a someone you are concerned about.