Death Benefits
Lump sums payable to dependants of a worker who dies as a result of a workplace injury or illness are set at $273,970* for a family.
In addition, a dependent partner or partially dependent partner will receive a weekly pension:
- for the first 13 weeks after date of death - 95% of the worker's pre-injury pay, to a maximum of $1,300* a week;
- 14 weeks to 3 years - 50% of the worker's pre-injury pay, to a maximum of $1,300* a week.
Children dependent on a deceased worker, but with a supporting parent, also receive a weekly pension of 5% (up to a maximum of 25% for more than five children) of a worker's pre-injury pay from 14 weeks until the child turns 16 or ceases to be a full time student (up to 21 years).
Where orphan children are the only eligible surviving dependants they receive benefits equivalent to those for a sole surviving spouse.
Note: Calculations of weekly pensions are subject to changed based on the total amount of weekly pensions paid and the number of dependant children. For full details you should contact the Advisory Service
Other entitlements
Dependants of a deceased worker may also be entitled to:
- reasonable medical expenses for services obtained prior to the death of the worker
- burial or cremation costs
- family counselling costs
Wrongs Act Damages
Dependants of a deceased worker are also able to recover damages of up to $762,170* under the Wrongs Act 1958. However, WorkSafe death benefits are deducted from any damages obtained under the Wrongs Act.
More information:
• download the publication "How to make a claim for dependency benefits"
*Correct at July 2009 - indexed annually
