The loss of a loved one due to a workplace death is a devastating experience. The Workers Compensation Act 1987 (NSW) provides financial relief for the dependents of a person who dies from a work-related death through a ‘workplace death claim’.

To make a death claim, dependents must prove that the person died at work and that their work played a substantial factor in the death. For instance, it must be established that your family member died as a result of the workplace injury.

Proof of their relationship and dependency on the deceased is also required.

Workplace death claim entitlements:

The amount of compensation depends on the number and type of dependents. As of 2024, dependents are entitled to:

• Weekly payments for each dependent child up to the age of 16 (or 21 if they are in full-time education).
• A lump sum benefit to be shared among the dependents.
• Reasonable funeral expenses of the deceased.

Apportionment of workplace death claim benefits is a crucial aspect of the Workers Compensation Act 1987

If the worker leaves behind only one dependent, the lump sum death benefit is paid entirely to that one dependent. However, where there are two or more dependants, the lump sum death benefit is apportioned between them. The Personal Injury Commission or the NSW Trustee may apportion the compensation.

The apportionment depends on the extent of the relative dependency of each dependant. Factors considered in the apportionment include the individual’s relationship to the deceased (spouse, child, etc.), their age, health, special needs, and lifestyle, the extent of past and anticipated future dependence, loss of domestic services performed by the worker, and in the case of a de facto partner, the presence of a significant degree of mutual commitment to a shared life and financial inter-dependence. However, this can vary based on different family members claims.

If you are unhappy with the outcome of the apportionment, it’s important to lodge an appeal within 28 days of the decision. Claims for the death benefit can be complex, and where multiple family members are involved it can at times become stressful.

Grieve Watson Kelly Lawyers

Navigating a death claim can be complex and stressful, especially during a time of grief. That’s why it’s important to seek legal advice from a specialist personal injury lawyer who can help you organise your claim and negotiate with the insurer.

At Grieve Watson Kelly Lawyers, we regularly help injured workers successfully claim compensation, including families who have lost a loved one at work. We will help you achieve the compensation your family is entitled to. Call our worker compensation lawyers in Sydney or in the Hill Shire today for a discussion about your circumstances.

Disclaimer: This post provides general information based on NSW sources and laws and does not constitute legal advice. We recommend you consult with a lawyer to obtain legal advice for your individual circumstances.