Entitlements following a work-related death

Overview

To receive most of these entitlements, you will need to complete a claim form. If the claim is accepted and depending on your individual situation, WorkSafe can pay for the following items.

Medical services

Medical and like services

WorkSafe can pay reasonable costs for medical and like services provided to the worker before their death. This can include the cost of an ambulance, hospital or medical treatment.

Counselling and other grief support

WorkSafe can pay reasonable costs for counselling for immediate family members (a partner or spouse, child, parent, grandparent or sibling). For deaths on or after 6 August 2025, therapy and other support services are included. All services are paid up to a maximum amount shared between all family members.

Counselling must be provided by a medical practitioner, psychologist or social worker registered with WorkSafe. If you’re eligible for therapy and other support services, they must be provided by a WorkSafe approved provider or professional.

Forensic cleaning

WorkSafe can pay the reasonable costs for cleaning and decontamination, to a maximum amount, incurred by family members of the deceased worker. This is to make the home safe and habitable again if the death occurred at the worker’s or family member’s home.

It’s available to family members whose loved one died on or after 6 August 2025.

Funeral service

WorkSafe can pay reasonable costs for the following items.

• A burial or cremation service (this may include a wake or gathering), up to a maximum amount.
• Repatriation (transportation) of the loved one to their home state or country for burial or cremation, up to a maximum amount.
• Travel and accommodation expenses for immediate family members to attend a burial or cremation service if held more than 100km from their normal residence. Paid up to a maximum amount, shared between eligible family members.

Lump sum payments

Dependency

Made to dependent partners and children and, where applicable, other dependants (such as parents and siblings) of a worker who has died because of a work-related injury or illness.

The amount of the lump sum payment, up to a maximum amount, will vary. It depends on the number of dependants and the extent of their dependency. This means whether they were wholly, mainly or partially dependent on the earnings of the worker.

Grief and loss

Made to close family members in recognition of their grief and loss. For close family members (a partner or spouse, parent or step-parent, guardian, grandparent, sibling or step-sibling or a person to whom the worker was a parent, step-parent or guardian) who had a genuine personal relationship with a worker who has died because of a work-related injury or illness.

It’s available to family members whose loved one died on or after 6 August 2025.

The lump sum payment is a set amount for each eligible family member.

Pension payments

Only dependent partners and children can receive a weekly pension.

Weekly pensions are calculated using the pre‐injury average weekly earnings (PIAWE) of your loved one. This is calculated using their base rate of pay and can include overtime and shift allowances. For more information about PIAWE, contact the WorkSafe agent or WorkSafe Advisory.

Partners

In addition to the dependency lump sum payment, a dependent partner may receive a weekly pension for 3 years from the date of the worker's death.

For the first 13 weeks after the date of death

The weekly pension amount is 95% of the worker's PIAWE up to a maximum amount. This amount is shared equally between partners if there is more than one dependent partner.

From 14 weeks to 3 years

The weekly pension amount is 50% of the worker's PIAWE up to a combined maximum amount. This amount is shared equally between partners if there is more than one dependent partner.

Children

In addition to the dependency lump sum, dependent children may also receive a weekly pension from 14 weeks after the date of death until they reach the age of 16. After 16, the pension will continue up to age 25 if the child is a full-time student or apprentice or living with a disability within the meaning of the Disability Act 2006.

Up to five children

Each child will receive 5% of the worker's PIAWE a week, up to a maximum combined amount.

More than five children

Each child will receive an equal share of 25% of the worker's PIAWE a week, up to a maximum combined amount.

Orphan children

If the only surviving dependants are orphan children, they can receive a weekly pension in addition to the lump sum. The amount is equivalent to that of a dependent partner and paid from the date of the worker’s death until the orphan child reaches the age of 16. After 16, the pension can continue up to age 25 if the orphan child is a full-time student or apprentice or living with a disability within the meaning of Disability Act 2006.

Note: Pension amounts may change. Contact the agent for your individual situation.

Other entitlements

If there are no dependants, family members can apply for expense reimbursements related to the death if they have experienced financial hardship due to the expenses. An application must be made to the Magistrates Court, who will determine the amount to be reimbursed, up to a maximum amount.

Dependants may be able to recover damages under the Wrongs Act 1985. Any entitlements WorkSafe has paid for are deducted from these damages