7.15.2 Survival of Right to Claim after Death
Where a person entitled to make a claim dies without making a claim for liability in respect of a service-caused injury or disease, the person's legal personal representative may make a claim with any compensation being made to the person's estate, as set out in section 321(3). This does not apply to compensation for permanent impairment because permanent impairment compensation is intended to compensate the member or former member for physical disability, pain, suffering and lifestyle restrictions, the effects of which cease with death. This information is also covered in Chapter 2 of this manual.
For further information, see 11.7.6.1 - Survival of claims
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/715-claims-or-behalf-deceased-member-or-former-member/7152-survival-right-claim-after-death