Entitlements following a work-related death
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.
It can pay for:
- Medical services provided to the deceased worker such as ambulance, hospital and medical treatment
- Burial or cremation
- Family counselling services
- Lump sum payment for dependants
- Weekly pension for dependant partners, children or orphans
- Damages under the Wrongs Act 1958 (the Wrongs Act)
WorkSafe may also reimburse expenses incurred by non-dependant family members.
Lump sum payments
Lump sum payments may be made to dependants of a worker who has died as a result of a work-related injury or illness. A dependency claim must be completed and lodged with the deceased worker's employer. The following information sheet is provided to assist in this process.
- How to make a claim for payments following a workplace death
- Dependant's claim for compensation form
Payments are set at $527,610* to be shared between all dependants.
Partners
In addition to the lump sum payment, a partner may receive a weekly pension for three years from the date of the worker's death:
- For the first 13 weeks after date of death - 95% of the worker's pre-injury average weekly earnings, to a maximum of $1,930* a week.
- From 14 weeks to three years - 50% of the worker's pre-injury average weekly earnings, to a maximum of $1,930* a week.
Children
Dependent children may also receive a weekly pension:
- From 14 weeks until the child turns 16 (and between 16 to 25 years if the child is a full time student or full time apprentice) - 5% of the worker's pre-injury average weekly earnings.
- For more than five children - up to a maximum of 25% of the worker's pre-injury average weekly earnings, to be shared amongst the children.
Where the only surviving dependants are orphan children, they receive entitlements equivalent to those for a surviving partner.
Other entitlements
Where a deceased worker leaves no dependants, non-dependant family members may be able to receive reimbursement of expenses up to $31,470*.
Dependants are able to recover damages of up to $834,470* under the Wrongs Act. WorkSafe entitlements are deducted from any damages obtained under the Wrongs Act.
* The maximum applies to those claims made on or after 5 April 2010. The figure is correct at 1 July 2011 - indexed annually.
Further information
WorkSafe has developed a number of publications that have been designed to help families affected by a work-related death.
- Provisional payment following a workplace death
- The first week
- Losing a loved one - The grief process
- Dealing with financial matters following a loved one's death
- Who to contact to advise about the death of your loved one
- WorkSafe legal process
- Burial and cremation policy
