Losing a loved one to a workplace injury or illness is heartbreaking and the emotional toll is often compounded by financial stress.

If you were dependent on the person who died, you may be entitled to significant support through Victoria’s WorkCover scheme, including a lump sum payment, weekly pensions, and other benefits.

At PRD Legal, we understand that no amount of money can ease the grief of losing someone. But knowing your rights and accessing the workers compensation lawyer you’re entitled to can bring some stability during a devastating time.

What is WorkCover?

WorkCover is a compulsory insurance scheme that provides financial support to workers injured on the job—or to their families if the worker dies from a work-related injury or illness. Managed by WorkSafe Victoria, it includes compensation for lost income, medical costs, funeral expenses, and ongoing support for dependents.

If your partner or family member has died in a workplace accident or due to an occupational illness, you may be eligible for compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

Who Can Make a Death Claim?

The following people may be eligible to claim WorkCover death benefits:

  • The partner (married or de facto) of the deceased
  • Children who were financially dependent on the deceased
  • In some cases, non-dependent family members experiencing financial hardship

Importantly, you do not need to prove that anyone was at fault to access these benefits. If negligence was involved, you may also be able to pursue a separate common law claim for damages.

Lump Sum Death Benefit

Eligible partners and children may receive a lump sum payment of up to $713,780 (indexed annually, current as of 1 July 2023). This is a tax-free benefit and is shared among eligible dependents according to their level of dependency.

Weekly Pensions for Dependent Partners

If you were wholly or partially financially dependent on your partner at the time of their death, you may also be eligible for ongoing weekly payments:

  • First 13 weeks: 95% of the deceased worker’s pre-injury average weekly earnings
  • From week 14 to 3 years: 50% of the pre-injury average weekly earnings
  • Maximum weekly cap: $2,660 (as of 1 July 2025)

If you continue to have dependent children, weekly payments may extend beyond 3 years.

Weekly Pensions for Dependent Children

Children who were dependent on the deceased worker may also receive a weekly pension, starting from 14 weeks after the date of death, and continuing:

  • Until the child turns 16 years old; or
  • Until they finish full-time education (if still studying beyond age 16)
Additional Compensation and Support
Common Law Claims

WorkSafe Victoria may also cover other important expenses and benefits for grieving families, including:

  • Funeral and burial or cremation costs
  • Counselling services for immediate family members
  • Travel and accommodation costs to attend a funeral (if more than 100km from the family home)
  • Medical and ambulance services related to the fatal injury or illness
  • Nervous shock compensation for close family members who witnessed or were affected by the traumatic death
  • Damages under the Wrongs Act 1958 in cases of negligence
  • Reimbursement of financial hardship expenses for non-dependent family members in certain cases

If your loved one’s death resulted from negligence by an employer, another party, or faulty equipment, dependents may also be eligible to bring a common law claim for damages. This is separate to the WorkCover death benefits and may significantly increase the compensation available.

Time Limits Apply

A dependency claim must be lodged within two years from the date of death. If you’re unsure whether you’re eligible—or need more time due to exceptional circumstances—please seek legal advice as soon as possible.

Why It’s Important to Get Legal Support

Navigating the WorkCover system during a time of deep personal loss can be confusing and emotionally overwhelming. Our team at PRD Legal is here to help you:

  • Understand exactly what you’re entitled to
  • Avoid unnecessary delays or underpayments
  • Prepare and lodge your claim correctly
  • Pursue any additional claims if negligence is involved

We’re not just here to offer legal advice—we’re here to support you as a human being experiencing real loss. We’ll stand beside you through every step.

PRD Legal: Your Partner in Times of Loss

At PRD Legal injury lawyers, we’ve helped families across Victoria receive the full compensation they deserve after tragic workplace accidents. We combine deep legal expertise with a human-first approach—offering compassionate, practical guidance when it’s needed most.

If your partner or family member has died in a work-related incident, we may be able to help. Contact PRD Legal today for a confidential consultation.