Payments in the event of death

Lump sum compensation may also be payable for a work-related death.

The insurer, when notified of the death, should write to the worker’s family or the family’s legal representative to advise compensation may be payable. As soon as the insurer has determined liability the family or legal representative will be advised.

The following sources of information can help determine liability if required:

• information from the employer and witnesses
• any factual information
• the death certificate
• treating medical records
• the coroner’s or autopsy report
• the police report.

In the event the insurer accepts liability for a work-related death:

• dependants of a worker whose death as result of a work-related injury occurred on or after 24 October 2007 are entitled to:
  • a  lump sum payment ($929,200 as of 1 April 2024)
  • weekly payments ($166.30 per week as of 1 April 2024) for each dependent child up to the age of 16 (or 21 if they are in full-time education)
  • reasonable funeral expenses
• dependants of a worker whose death as a result of a workplace injury occurred before 24 October 2007 are entitled to:
  • a proportion of the lump sum payment applicable to their degree of dependency on the worker at the date of death
  • weekly payments for each dependent child up to the age of 16 (or 21 if they are in full-time education)
  • reasonable funeral expenses
• death benefits payable for a worker whose death was as a result of a work-related injury received before 30 June 1987 include:
  • a lump sum
  • weekly payments for each dependent child up to the age of 16 (or 21 if they are in full-time education)

What funeral expenses the insurer will pay for

Funeral expenses are limited to a maximum amount of $15,000 and may include the:

• funeral director's professional fees
• cost of the funeral service (including cremation or burial)
• coffin
• mourning car
• cemetery site
• flowers
• newspaper notice
• death certificate

The insurer may in addition pay expenses for the cost of transporting the worker’s body.

Further information

More information on the NSW workers compensation system including information on making a claim following a death.

Lump sum death benefit payments

The lump sum death benefit amount in the event of death as a result of a work-related injury/accident is $929,200 as of 1 April 2024. This is indexed twice per year in April and October. The lump sum benefit payable is the amount that is applicable at the date of the worker's death.

Where there is only one dependant (whether wholly or partly dependent), the full lump sum benefit goes to that dependant. For more than one dependant, the full lump sum benefit must be apportioned between all dependants. The Personal Injury Commission is responsible for making a determination of apportionment.

Dependent children

A dependent child can be a worker’s child or stepchild who was wholly or partially dependent on them for support at the time of the worker's death.