How to make a claim for payments after a work-related death

Entitlements and who can claim

You can make a claim for a number of different payments, depending on your individual situation.

Medical and like or funeral associated expenses

You can claim for these expenses if you’ve paid or have to pay for these as a result of the work‐related death of a worker.

Dependency lump sum and weekly pension

A partner and/or child can make a claim for these if they were reliant on the income of the worker at the time of the work-related death.

Dependency lump sum (other dependants)

Any other person (such as parent or sibling) can make a claim for this if they were reliant, to any extent, on the income of the worker at the time of the work-related death. If the decease person leaves a dependent partner or child, there may not be an entitlement.

Grief and loss lump sum

A close family member, including dependants, can make a claim in recognition of their grief and loss as a result of the work-related death of a worker.

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

Reimbursement of expenses that caused financial hardship

This entitlement only applies if the deceased worker doesn't have dependants. A family member can apply to the Magistrates Court of Victoria for reimbursement of expenses incurred as a result of the work-related death if the expenses caused financial hardship.

If you have questions about whether you or a family member would have an entitlement, you can talk to your WorkSafe agent (agent) or contact WorkSafe Advisory on 1800 136 089.

How to make a claim for payments

You will need to complete a ‘Claim for compensation following a work-related death’ form to claim for any of following payments.

• Payment or reimbursement of medical and like expenses.
• A dependency lump sum and weekly pension payments.
• A grief and loss lump sum payment.

You have to complete and lodge a claim form with the deceased worker's employer as soon as possible. It must be within 2 years from the date of death. By law, the employer can’t refuse to receive the claim form. The employer will forward the claim form to their agent within 10 days.

Each family unit or household will need to complete one claim form. Each family unit will be claiming for different supports. For example, a partner with children completes one claim form and a sibling living with parents completes one form for that household.

If there are children from previous relationships, a separate claim form must be lodged by the children's guardian.

Download claim form

What you need to make a claim

There are a few documents we need you to submit with the claim form. If you can't provide a particular document, or it's not available yet, that's okay. We’ll ask for it later.

Some of the documents we need include the following.

• A death certificate.
• Joint financial records such as bank accounts.
• Documents about your relationship with the worker such as a marriage certificate or mortgage or land title.
• Details of any other related person that may be eligible to receive payments.

Help with completing and lodging the claim

If you have any difficulty lodging the claim form with the employer, you can lodge the claim form directly with WorkSafe.

If you would like help with completing and/or lodging a claim form, contact WorkSafe Advisory. If you require an interpreter, please advise WorkSafe Advisory when you call.

Alternatively, if your loved one was a member of a union, they may be able to help you. For union support, please contact Union Assist on (03) 9639 6144.

Claim assessment and outcome

The agent, with help from an external legal firm, will assess and determine your claim.

They will consider the following factors.

• If the deceased person was a 'worker' under Victorian workers compensation legislation.
• If the death arose out of or in the course of employment (work‐related).
• If employment was a significant contributing factor (where required).

They will also determine if the person making the claim was either a:

• 'dependant' of the worker within the meaning of the Victorian workers compensation legislation
• close family member with a genuine personal relationship.

Determining liability

The agent will usually determine liability within 90 days of receiving the claim form from the employer. If more time is needed, the agent and their legal firm will discuss this with you or your legal representative if you have one.

In cases involving children or a person living with a disability, the Magistrates' Court must determine a claim for entitlements. Before lodging your claim form, you may want to consider legal advice and or representation.

If your claim is accepted

If liability for your claim is accepted, the agent will pay your compensation entitlements

You may be asked to provide additional information which the agent will contact you for if needed.

Some of the things required can be the following. 

• A Trust Deed, which sets out the court-appointed trustee who will receive payments on behalf of a child under the age of 18 years.
• A completed tax file number declaration form for each dependant entitled to a weekly pension, regardless of age. Pension payments are considered taxable income.
• An electronic funds transfer form for each person or trustee if entitlements are paid directly to a bank account. Payments are otherwise made by cheque.
• Written confirmation of full‐time studies or apprenticeship for dependent children over the age of 16. You need to provide this each year.
• For dependent children over the age of 16 living with a disability, written confirmation that their disability is permanent and causes a substantially reduced capacity which requires significant ongoing support.

The agent will also pay reasonable costs for standard legal work if applicable. This can include court involvement. However there may be additional legal costs that your representative charges. Check with them before you engage their services. 

If your claim is rejected

If the agent rejects liability for your claim, they will let you or your legal representative know in writing. They will outline the reasons for the rejection and your appeal rights.

Need additional support?

We are here to help you throughout a very difficult time. If you need further assistance, please contact us.