Death Claims

Partners and dependents of workers who die as a result of a workplace injury or illness are usually entitled to both a lump sum payment and a weekly pension. You do not need to prove that anyone was at fault.

In addition, a partner who was either wholly or partially dependent on the deceased worker may receive a weekly pension. For the first 13 weeks following the worker’s death, the pension is calculated at 95% of the worker’s pre-injury pay. From 14 weeks until 3 years following the worker’s death, the pension is calculated at 50% of the worker’s pre-injury pay.

Weekly pensions are capped at twice the State average weekly earnings. As at 1 July 2023, the maximum weekly rate payable for a deceased worker’s partner is $2,660.

Children who were dependent on a deceased worker may also receive a weekly pension. The entitlement commences from 14 weeks after the worker’s death and continues until the child is 16 years old or ceases to be a full-time student.

A dependency claim must be brought within two years of the death of the worker.

Where the negligence of another has resulted in the death of a worker, the worker’s dependents may also make a Common Law claim for damages.

Dependent partners and children of the deceased worker may also be eligible for a lump sum payment up to $713,780 (as at 1 July 2023).

Workers compensation death compensation

In Victoria, workers compensation death claims fall under WorkCover, a type of insurance which all companies must provide.

Understanding the death benefit for workers in Victoria

The OHS (Occupational Health and Safety) arm of the Victorian WorkCover Authority, known as WorkSafe, offers financial support to qualified people when a worker dies as a result of a work-related illness or injury. This support includes payments for:

• Burial or cremation
• Dependent children and partners (lump sums and or weekly payments)
• Nervous shock
• Damages under the Wrongs Act 1958
• Counselling services for family members
• Reasonable expenses for travel and accommodation to attend the funeral service (when it is held more than 100km from where they live)
• Medical services such as hospital, ambulance and medical treatments
• Reimbursement of expenses for non-dependent family members where financial hardship can be established.

Getting the right legal advice

Before lodging a claim, we recommend you get independent legal advice to ensure you receive the maximum compensation available to dependents. At a time of emotional heartache and distress our caring team offer support and expert legal advice to help you through this tough time.

Why choose us?

At Arnold Thomas & Becker we have decades of experience helping our clients receive the full compensation they are entitled to. We have a proven track record and reputation for achieving exceptional results. For more information call our helpline on 1300 333 300 and speak directly with a lawyer.