For families who have lost a relative

Key information

When notified of the death, the insurer should write to the person's family or the family’s legal representative to advise that compensation may be payable. Once the insurer determines liability, they will advise the family or legal representative.

Compensation for work-related death

If the insurer accepts liability for a work-related death:

• dependants of a person whose death occurred on or after 24 October 2007 are entitled to:
  • a lump sum payment
  • weekly payments for each dependent child up to the age of 16 (or 21 if they are in full-time education)
  • reasonable funeral expenses

Determining liability

Liability may be determined based on:

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

Funeral expenses

Claims for funeral expenses may include:

• 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 also pay expenses for transporting the person's body.

Lump sum benefit payments

The lump sum benefit payable is the amount applicable at the date of the person's death and is indexed twice per year in April and October. The amount is specified in section 4.2.1 of the workers compensation benefits guide.

• If there is only one dependant (wholly or partly dependent), the full lump sum benefit goes to that dependant.
• If there are multiple dependants, the full lump sum benefit must be apportioned between them.
• The Personal Injury Commission is responsible for determining the apportionment.

Dependent children

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

Paid first responders

If a paid first responder is injured before 30 June 1987 and subsequently dies due to that injury, their entitlements are calculated based on the Workers Compensation Act 1926.

In these circumstances, a lump sum death benefit amount payable is available as specified in section 4.2.5 of the workers compensation benefits guide.

Get more information about paid first responders and their entitlements.