Death Claims Partners and dependents of workers who die as a result of a 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. 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 1 July 2019, the maximum weekly rate payable for a deceased worker’s partner is was $2380. 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. Where the negligence of some other person has resulted in the death of a worker, the worker’s dependents may also make a Common Law claim for damages. 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. Workers compensation death compensation In Victoria, workers compensation death claims fall under WorkCover, a type of insurance which all companies must provide. Understanding the death benefit for workers in Victoria The OHS (Occupational Health and Safety) arm of the Victorian WorkCover Authority, known as WorkSafe, offers financial support to qualified people when a worker dies as a result of a work-related illness or injury. This support includes payments for: Burial or cremationDependent children and partners (lump sums and or weekly payments)Nervous shockDamages under the Wrongs Act 1958Counselling services for family membersReasonable expenses for travel and accommodation to attend the funeral service (when it is held more than 100km from where they live)Medical services such as hospital, ambulance and medical treatmentsReimbursement of expenses for non-dependent family members where financial hardship can be established. Getting the right legal advice Before lodging a claim, we recommend you get independent legal advice to ensure you receive the maximum compensation available to dependents. At a time of emotional heartache and distress our caring team offer support and expert legal advice to help you through this tough time. Why choose us? At Arnold Thomas & Becker we have decades of experience helping our clients receive the full compensation they are entitled to. We have a proven track record and reputation for achieving exceptional results. For more information call our helpline on 1300 333 300 and speak directly with a lawyer.