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7.15.1 Survival of Claims After Death of Claimant

Where an amount of compensation for injury or disease has been assessed, but not paid prior to the death (for instance, a permanent impairment lump sum, arrears of incapacity payment etc) this entitlement is not cancelled by the death.

If, prior to their death, a person had made a claim for liability, their legal personal representative can make a claim for any compensation that might have been payable prior to the person's death.  This includes compensation for permanent impairment.

However, the deceased's legal personal representative may not convert compensation for permanent impairment or a weekly wholly dependent partner's pension to a lump sum.

Delegates should pay any amounts of compensation still outstanding (i.e. for the injury or disease only) to the client's designated executor or legally appointed administrator of the estate and not to any other person including those purporting to have a claim on the deceased's estate.