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.
WorkSafe can pay:
- Medical services provided to the deceased worker such as ambulance, hospital and medical treatment
- Burial or cremation expenses
- Travel and accommodation expenses for family members to attend a burial or cremation service if held more than 100km from their normal residence
- Family counselling services
- Lump sum payments for dependant partners, children or orphans
- Weekly pensions for dependant partners, children or orphans
- Non dependant family members for reimbursement of expenses in cases of financial hardship
- Damages under the Wrongs Act 1958.
Burial and cremation service
Reasonable costs to a maximum of $15,230 for burial and cremation services may be paid or reimbursed.
Reasonable travel and accommodation expenses up to a total of $5,310* may be paid for family members to attend a burial or cremation service if held more than 100km from their normal residence.
Lump sum payments
Lump sum payments may be made to dependents 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.
Lump sum payments are set at $636,470* to be shared between all eligible dependants.
Pension payments
Partners
In addition to the lump sum payment, a dependant 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
95% of the worker's pre-injury average weekly earnings to a maximum of $2460* a week; if there is more than one dependent partner, this amount is equally shared between partners.
From 14 weeks to three years
50% of the worker's pre-injury average weekly earnings, to a maximum of $2460* a week; if there is more than one dependent partner, this amount is equally shared between partners.
Children
Dependent children may also receive a weekly pension from 14 weeks after the date of death until the child turn 16. After a child turns 16, the pension will continue between the age of 16 to 25 if the child is a full-time student or full-time apprentice.
For less than five children
5% of the worker's pre-injury average weekly earnings to each child, to a maximum combined amount of $2460 a week.
For more than five children
25% of the worker's pre-injury average weekly earnings, to a maximum combined amount of $2460 a week to be shared amongst the children.
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).
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 $37,970*.
Dependants are able to recover damages of up to $1,063,560* 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 2020.