Overview
WorkSafe provides support and financial assistance to those who qualify following the death of a worker as a result of a work-related injury or illness.
Depending on the circumstances, the following payments may be available:
- medical and like services provided to the deceased worker
- counselling services for immediate family members
- funeral (burial or cremation) expenses, including repatriation costs, if required
- travel and accommodation expenses for family members to attend a burial or cremation service if held more than 100km from their normal residence
- lump sum payments for dependent partners, children, orphans or other dependants
- weekly pensions for dependent partners, children or orphans
- reimbursement of expenses incurred by non-dependent family members if the expenses caused financial hardship
- damages under the Wrongs Act 1958
In most cases, a claim for compensation must be completed and lodged with the deceased worker's employer.
Medical services
Medical and like services
WorkSafe can pay reasonable costs for medical and like services provided to the deceased worker such as ambulance, hospital and medical treatment.
Counselling services
WorkSafe can pay reasonable costs for counselling services for immediate family members by a medical practitioner, registered psychologist or a social worker (approved by WorkSafe), up to $6,990.* shared between all immediate family members.
Funeral service
WorkSafe can pay reasonable costs for:
- burial or cremation services, (this may include a wake or gathering), up to $15,230
- repatriation (transportation) expenses to return the deceased worker to their home state or country for burial or cremation, up to $15,000
- travel and accommodation expenses for immediate family members to attend a burial or cremation service if held more than 100km from their normal residence, up to $5,960* shared between eligible family members.
Lump sum payments
Lump sum payments may be made to dependent partners and children of a worker who has died as a result of a work-related injury or illness. The total amount available for dependants is $713,780* and is shared between all eligible dependants as determined.
Pension payments
Partners
In addition to the lump sum payment, a dependent partner may receive a weekly pension for three years from the date of the worker's death.
For the first 13 weeks after the date of death
Pension amount is 95 per cent of the worker's pre-injury average weekly earnings (PIAWE) to a maximum of $2,660** a week; this amount is equally shared between partners if there is more than one dependent partner.
From 14 weeks to three years
Pension amount is 50 per cent of the worker's PIAWE, to a maximum combined amount of $2,660** a week; this amount is equally shared between partners if there is more than one dependent partner.
Children
In addition to the lump sum, dependent children may also receive a weekly pension from 14 weeks after the date of death until the child turns 16 years of age. After a child turns 16, the pension will continue to age 25 if the child is a full-time student, a full-time apprentice or living with a disability (meeting the threshold outlined in the Disability Act 2006).
For less than five children
Each child will receive 5 per cent of the worker's PIAWE, to a maximum combined amount of $2,660** a week.
For more than five children
Each child will receive an equal share of 25 per cent of the worker's PIAWE, to a maximum combined amount of $2,660** a week.
For orphan children
Where the only surviving dependants are orphan children, they can receive pension amounts equivalent to those for a dependant partner up to 16 years of age (and between the age of 16 to 25 if the orphan is a full time student or full time apprentice).
Note: pension calculation methods shown may change depending on individual circumstances.
Other entitlements
Where a deceased worker leaves no dependants, non-dependent family members may be able to receive reimbursement of expenses in cases of financial hardship up to $42,580*.
Dependants are able to recover damages of up to $1,152,040* under the Wrongs Act. Any paid WorkSafe entitlements are deducted from damages obtained under the Wrongs Act.
*The maximum applies to those claims made on or after 5 April 2010. These amounts are indexed annually. The figures provided are correct as at 1 July 2023.