Section 14 (3)

Also, bear in mind the exclusionary provisions of section 14 (3).  They state:

“Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self inflicted, unless the injury results in death, or serious and permanent impairment.”

This section indicates that, due to the serious consequences of an employee's conduct (being death), compensation will be payable where serious and wilful misconduct plays a part in the compensable condition.

Death claims cannot be rejected due to the employee's conduct.  If the condition resulting in the employee's death:

• arose out of or in the course of his or her employment ('injury'); or

• was materially contributed to by that employment ('disease');

compensation is payable.

Gather evidence and make a quick, though not hasty, decision.  Hasty decisions can often be incorrect.  Nevertheless, decisions on death claims must be made as quickly as possible.

This is because not only do dependants suffer the effects of grief, they are also probably suffering quite severe financial burdens associated with sudden loss of income.

See also the last session in this part on the processes for reviewing claims.