What to Do if an Employee Dies at Work: A Guide for Employers

Dealing with a workplace fatality is a deeply tragic and challenging experience for any business and the team. It is not only a profoundly emotional time but also a critical moment when employers must act swiftly and responsibly to ensure compliance with legal obligations and to support the family and colleagues of the deceased.

Here, Growth HR outline the key steps employers in Australia need to take following a workplace fatality.

1. Immediate Actions

First and foremost, ensure the safety of all other employees. Communicate with the team directly about the facts of the matter.

Following this, notify the relevant regulatory body in your state or territory (e.g., SafeWork NSW, WorkSafe Victoria) to report the fatality as part of your workplace health and safety obligations. This step is non-negotiable and time-critical.

2. Notify iCare

In Australia, iCare underpins workers’ compensation insurance, including benefits for workplace fatalities. Notify iCare as soon as possible to begin the claims process.

Once the death certificate is obtained, provide it to iCare to activate any insurances payable to the deceased employee’s dependents, such as a spouse or children. This step ensures that entitlements like lump sum payments or ongoing benefits are processed promptly for the family.

3. Manage the Employee’s Final Payments

It’s essential to handle the employee’s termination pay with care and urgency. The termination pay should include:

• Payment for all accrued but unused leave entitlements, such as annual leave and long service leave (if applicable).
• Any outstanding wages or entitlements owed up to the date of death.

These payments must be processed in the employee’s next pay run without delay. Transparency and timeliness in this process demonstrate compassion and professionalism to the deceased’s family.

4. Provide Support to Employees

A workplace fatality can have a significant emotional impact on colleagues and managers. It’s vital to provide support, such as:

• Offering access to Employee Assistance Programs (EAPs) or grief counselling services.
• Holding team meetings to address concerns and offer support collectively.
• Ensuring regular communication about any workplace changes or investigations.

Showing empathy and care during this time fosters a supportive workplace culture.

To provide additional support to the family of the deceased employee, you may want to consider assisting in reaching out to a professional funeral director such as The Last Time to assist with arrangements.

5. Review and Reflect

Once the immediate requirements have been met, conduct a thorough review of the incident. Consider the following:

• Were there any gaps in workplace health and safety processes that contributed to the incident?
• What actions can be taken to prevent a similar occurrence?

Workplace fatalities highlight the importance of a proactive safety culture. Employers should use this as an opportunity to re-evaluate safety measures and ensure compliance with WHS legislation.

Navigating a Difficult Time with Compassion and Compliance

Dealing with the death of an employee is one of the hardest challenges an employer can face. By acting swiftly, following the necessary legal processes, and showing compassion to the deceased’s family and colleagues, you can navigate this tragic situation responsibly and professionally.

If you need assistance managing workplace fatalities, compliance requirements, or support in creating a safer workplace, Growth HR offers a range of HR services to help. Contact us today for advice tailored to your business.

Book a discovery call with us here.