
Claiming for payments following a work-related death
Losing a loved one because of a work-related injury or illness is incredibly difficult. We want you to know that we care and will help where we can. There is a range of support and financial assistance options that may be available to you.
Financial support for family members and dependants
Supporting the dependants and family members of your loved one is something that WorkSafe can help you with. To access this support, you need to complete a claim form. You can either download the claim form using the following link or contact WorkSafe Advisory to discuss in more detail. WorkSafe can post out a form if that's easier.
WorkSafe Advisory
WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday.
1800 136 089 More contact options
Translating and interpreting service
Call 131 450 to translate this information or to speak to WorkSafe in your language.
For more information about this free service, visit Translating and Interpreting Service (TIS National) or the National Relay Service.
The claims process
The claim process may seem like a long journey. A decision can take up to 90 days or more and we will ask for a lot of information about you and your loved one. To process your claim quicker, it can help to have a friend or family member help you source information, such as financial and medical documents.
Remember if you need support along the way, get in touch and we'll talk you through what is required.
Information and support you might need
Understanding your entitlement
Your entitlement to financial support is determined by the Victorian workers compensation legislation. This legislation is called the Workplace Injury Rehabilitation and Compensation Act 2013 (the Act).
What 'work‐related' means
It’s a legal term that means the death was because of work. Payments can’t be made if the death is not work‐related.
For example if there was an incident at your loved one’s worksite where they were fatally injured, that’s work-related.
Sometimes it's easy to determine that a death is work‐related but sometimes it may not be easy to determine if a death is work-related. For example when a death is caused by a heart attack or suicide.
Definition of a ‘dependant’
A dependant is someone who relied, to some extent, on the income of the worker at the time of the work‐related death. Typically, this is a partner or a child of the deceased and there can be multiple dependants.
The term 'partner' can include:
- spouse – a person the worker was married to at the time of their death
- domestic partner – a person the worker was living with as a couple on a genuine domestic basis at the time of their death
- a person who was in a registered relationship with the worker at the time of their death.
The 'child' of a worker has a broad meaning and includes:
- a person who is under the age of 16
- a person who is 16 years or more but under 25 and who is a full‐time student or full‐time apprentice or has a disability (within the meaning of the Disability Act 2006).
- a child of the worker who was unborn at the time of the worker's death.
Other family members of the worker may also qualify as dependants and be entitled to payments. For example, if the worker was:
- under the age of 21 at the time they were fatally injured
- providing financial support to a parent or sibling, regardless of having a dependent partner or dependent children at the time of death
- contributing to the maintenance of the home in which those family members lived at the time of death.
Non‐family members may also qualify as dependants and be entitled to payments.
Definition of a family member
Depending on the entitlement, the term ‘family member’ has different meanings.
Grief and loss compensation
A family member (referred to a ‘close family member’) is any of the following people that had a genuine personal relationship with the worker.
- A partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the deceased worker.
- A person to whom the worker was a parent, step-parent or guardian.
Other financial and emotional supports
A family member (referred to as an ‘immediate family member’), is a partner, parent, grandparent, sibling or child of the worker or of the worker’s partner.
Immediate financial supports
We understand that you may not be ready to lodge a claim immediately after the death has occurred. We have immediate support packages available if the following criteria are met.
- The cause of death of your loved one was related to their work duties or employment.
- They were determined to be a 'worker' under the Act.
The immediate support package won’t be offered if the cause of death was:
- a heart attack or stroke injury
- disease (such as cancer).
The exception is if your loved one had an accepted claim and was receiving compensation payments for that injury or disease.
Help with eligibility
We understand that every family is different. If you aren’t sure of your or your family's eligibility for support, contact WorkSafe Advisory who will be able to help.
Taxation on payments
Tax is not deducted from the lump sum payment.
Pension payments are treated as normal income by the Australian Tax Office.
WorkSafe will issue pay as you go (PAYG) payment summaries for all dependant partners and children at the end of each financial year in which a pension payment is made.
Union support
Your loved one may have been affiliated with a union. Union Assist is a service that is operated by the Victorian Trades Hall Council. Union Assist provides a free and independent service that offers support, guidance and advice.
To find their union or find out more information about support available to you, please contact Union Assist on (03) 9639 6144.
Financial advice
You may wish to contact your bank, accountant, financial planner or the Australian Taxation Office on 132 865 for financial or taxation advice.
Legal advice
Before lodging your claim form, you may want to consider legal advice and/or representation. In particular if there are complex medical issues surrounding the death of your loved one or if there are any disputes about eligibility.
You need legal representation in the following cases as the entitlement is decided by a Magistrate Court.
- Payments to a child.
- Person with a disability.
- Non-dependent person claiming for expenses due to financial hardship.
If you don’t have a solicitor, you can call the Law Institute of Victoria's legal referral service for advice on (03) 9607 9550.
Centrelink
You may be able to claim Centrelink payments while waiting for WorkSafe entitlements to be determined. You can call the Family Assistance office on 136 150.
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