Entitlements following a work-related death

Information for families and dependants after a work-related death.

On this page

  • Lump sum payments
  • Partner entitlements
  • Children entitlements
  • Other entitlements

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 $5,210* 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 $623,950* 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 $2380* 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 $2380* 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 $2380 a week.

For more than five children

25% of the worker's pre-injury average weekly earnings, to a maximum combined amount of $2380 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 $37,220*.

Dependants are able to recover damages of up to $1,030,920* 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 2019.