7.12.2 Reimbursement of Medical Expenses of a Deceased Member

In cases where an employee suffers a fatal service-related injury and survives even a short time after the accident, there is invariably treatment (or at least palliative care) administered during the time between injury and death.

Section 271(2) specifies that in such circumstances the Commonwealth may pay compensation for the cost of treatment where the injury or disease is determined to have caused the death and it was reasonable for the person to obtain treatment in the circumstances.  In this case, a claim for the cost would be made posthumously by the person's legal representative and the cost would be reimbursed to the estate, the person who provided the treatment, or any other person who incurred the cost of the treatment (e.g. a family member).