Compensation for Workplace Deaths to Increase in WA

On 1 November 2017 the Workers’ Compensation’ and Injury Amendment Bill (“the Bill”) was introduced to the state’s Legislative Assembly which is set to make amendments to the Workers’ Compensation and Injury Management Act 1981. This Bill was introduced for the purpose of ensuring dependants receive fair compensation.

Primarily these amendments will result in an increase in the lump sum payment available to dependants of workers killed in workplace incidents. Currently, the lump sum is $308,339.00. The Bill increases the lump sum to be 250% of the prescribed amount calculated as at the day of the worker’s death. This will increase it to $562,303.00 (indexed annually). Insurers and their actuaries may need to consider how the amendments will increase their exposure on worker’s compensation policies.

The introduction of these amendments will also give de facto partners of deceased workers the same entitlements as married spouses.

The amendments will also mean that partners of deceased workers will no longer be required to prove their exact level of financial dependence. The dependents will share in the full lump sum.

Finally the Bill will increase the dependant child’s allowance from $58.90 a week under previous legislation to $133.00 a week for each dependent child (indexed annually). The dependent children also receive a percentage of the lump sum indicating a shift towards greater financial support for the care and maintenance of dependent children than ever before.