Workers Compensation
Death Claims
Partners and dependants of workers who die as a result of 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.
Lump sum entitlements are indexed annually and as at April 2010 set at $503,000 for a deceased worker’s family.
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 April 2010, the maximum weekly rate payable was $1,760.
Children who were dependent on a deceased worker may also receive a weekly pension of 5% of a worker’s pre-injury pay. 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 deceased worker’s family may also be entitled to payment for:
- medical expenses incurred prior to the worker’s death;
- funeral costs;
- counselling services
Where the negligence of some other person has resulted in the death of a worker, the worker’s dependants may also make a Common Law claim for damages. As at July 2009, the maximum amount claimable was set at $762,170. Such a claim must usually be brought within six years of the worker’s death. However if you are out of time an extension can be obtained in certain cases. In Victoria damages are not reduced by contributory negligence. This means that you only need to show a small amount of fault on behalf of the opposing party in order to completely succeed in a Common Law claim.