Is WorkCover paid for work related death? < Back

Can I claim for a work caused death?
If a person dies as a result of a work injury or a medical condition caused or worsened by work, it is possible to make a claim. People entitled to make a claim include:
  • A spouse (even if they also work).

  • Dependant children including full time students up to age 21.

  • A partner (including a same sex partner) of the deceased worker.

  • Anyone else who was wholly or partly dependent.
What compensation is paid in cases of death?
The amount of compensation will vary depending on the number of dependants. Compensation paid on a no fault basis can include a lump sum and a limited pension. If some negligence on the part of another person has contributed to the death, it may be possible for dependants to also claim damages.

For example, the current maximum benefit payable to a dependent spouse with one dependent child is $265,590.00 to the dependent spouse and $26,560.00 to the child. A weekly payment up to a current maximum rate of $1,250.00 can also be payable for a period up to 3 years. More information about death benefits can be obtained at www.workcover.vic.gov.au and then following the link to "Benefits - Death Claims". A dependant of a person who died as a result of a work injury or condition can claim for damages arising from negligence. The maximum damages are $451,630.00.

All payments of death benefits must be approved by the County Court of Victoria. Legal costs incurred by a claimant in obtaining court approval are paid for by the Victorian WorkCover Authority.

If you wish to enquire about claiming death benefits contact WORKFORCE LEGAL on 1800 134 204 for assistance. Some time limits can apply so seek legal advice immediately.



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