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      Does workers compensation cover death benefits?

      We all expect our loved ones to come home safe from work each day. So when the unthinkable happens and someone passes away because of their job, the impact is devastating.

      Alongside the deep grief, many families are left facing sudden financial stress, especially if the person who passed was the main income earner. This is where a workers compensation death benefits claim can offer financial relief. In some states, you might also hear it called a ‘WorkCover death benefits’ or ‘wrongful death at work’ claim.

      This guide is here to walk you through the process of claiming compensation for a death at work.

      If you’d rather speak to someone directly, our experienced and compassionate lawyers are here for you. We’ve helped countless families through workers comp death claims, and we’re ready to support you with care, understanding, and expertise.

      Am I eligible to claim workers comp death benefits?

      To claim workers compensation after the death of a loved one, you generally need to be considered a ‘dependant’. This means you’re someone who relied on them financially at the time of their passing.

      In most cases, you’re a dependant if you’re the deceased’s:

      • Spouse.
      • De facto partner.
      • Child under 16, or under 21 if still in full-time study.

      If you fall into one of these categories, you’re usually presumed to be financially dependent.

      Dependency isn’t just limited to close family. Other relatives (like parents, siblings, or adult children) and even non-relatives may be able to claim, as long as they can provide evidence that they were financially dependent on the person who passed away.

      If you’re unsure where you stand, it’s always worth speaking to a lawyer. We can help clarify your eligibility and guide you through the process of claiming workers compensation death benefits.

      How much does workers comp pay for a death at work?

      The amount of compensation you receive for a death at work depends on a few factors, such as:

      • How much you relied on your loved one’s income: Whether you were fully or partially dependent.
      • Age: For dependent children.
      • Where you live: Each state and territory has its own rules and compensation amounts.

      Depending on your circumstances, you may be entitled to:

      • Lump sum payment/s: In some states, only one lump sum payment is available; while in others, you can receive multiple lump sum payments depending on how much you relied on the deceased financially and how any dependents they were responsible for.
      • Weekly payments: For dependent spouses or children to help cover living costs. These will typically last until the children turn 16 or are no longer students.
      • Funeral expenses: This may be a ‘reasonable amount’ or a fixed dollar value.

      To show you how this might work in different states, let’s use the example of a construction worker who passes away in a workplace accident, leaving behind a financially dependent wife and two children under 16.

      If the worker passed away in NSW, the family’s compensation for death at work would likely include:

      • A lump sum of $969,000.
      • Weekly payments of $ 173.50 per child ($347 total).
      • A weekly payment of $357.60 for the spouse.
      • Funeral expenses up to $15,000.

      So, the family could expect to receive around $969,000 as a lump sum, $704.60 in weekly support, and up to $15,000 for funeral costs.

      These figures are taken from the SIRA Workers Compensation Benefits Guide and are valid until 31 March 2026. NSW workers comp death benefit payments increase twice a year in line with inflation.

      If the fatal accident happened in Queensland, here’s what workers comp death benefits the family could expect:

      • A lump sum payment of $790,994.50.
      • A lump sum payment of $21,158.60 for the deceased’s wife.
      • A lump sum payment of $42,278.10 for each child. ($84,556.20 in total).
      • Weekly payments of $195.40 for each child ($390.80 in total).
      • Reasonable funeral expenses.

      Based on this, the workers’ family would receive approximately $896,709.30 in lump sum payments, plus $390.80 per week, and coverage for reasonable funeral expenses.

      These figures are based on the 2025 Queensland Ordinary Time Earnings and calculations in the Workers Compensation and Rehabilitation Act 2003. They are updated annually in accordance with inflation.

      How much does it cost to make a claim?

      Your workers compensation death benefits claim is completely funded by the Independent Review Office (IRO). This means we can help with your workers comp claim for free.

      For additional claims like super death benefits, you’re still protected by our No Win No Fee guarantee. Here’s what that means for you:

      • Genuine No Win No Fee: Unlike other firms, we cover every cost for your claim, not just our own fees — so you pay nothing unless we win.
      • Fixed fees: We give you a clear breakdown of our fees before we start your case. That means no surprises and no sticker shock.
      • Lower court costs: We specialise in settling your claim without going to court, helping you avoid the stress and cost of a trial.
      • Reduced legal fees: In most cases, we can recover most of our fees from the other party, so you get to keep more of your compensation.
      • 30-day free trial: We offer a 30-day free trial so you can see how we work before committing to your claim. Cancel anytime within this period, and you won’t pay a cent.
      Find out more about our fees

      How to make a workers comp death benefits claim

      Every workers compensation death benefits claim is a unique process, but here’s a general idea of what to expect:

      After losing a loved one, one of the first steps is making sure their employer is informed of the death as soon as possible. From there, the employer is legally required to notify their workers compensation insurer, ideally within 24 to 48 hours.

      If the death occurred at work, this reporting usually happens automatically. However, if you have any doubts or suspect it hasn’t been reported, you have every right to contact the insurer yourself and ensure the process is underway.

      WorkCover death benefit claims. In a free, no-obligation consultation, we’ll walk you through whether you’re eligible to claim and what kind of compensation you may be entitled to. We’ll also look into whether you might be able to access additional support, such as superannuation death benefits.

      If you decide to move forward with us, we’ll get started right away. This ensures that you receive any urgent financial assistance you need, while we take care of the rest.

      Your lawyer will take care of gathering the key evidence needed to support your claim and show that your loved one’s death was work-related. This may include:

      • The death certificate.
      • Witness statements.
      • Medical or expert reports linking the death to work.
      • Documents confirming your dependency, such as marriage or birth certificates, and proof of financial support.

      Your lawyer handles everything for you, from filing the claim to managing all the paperwork. We make sure everything meets the necessary requirements, deadlines, and evidence standards.

      By preparing your claim thoroughly, we help you avoid unnecessary delays and get your WorkCover death payout as quickly as possible.

      Once your workers compensation benefits are secured, we’ll begin work on any other claims you may have, including superannuation death benefits or a nervous shock claim.

      These claims can result in much larger payouts than your workers comp settlement alone, helping to secure your family’s financial future.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Medea Hanna
      Senior Associate
      • English
      • Workers Compensation, Comcare, Dust Disease
      View full bio
      Jamie Palivos
      Associate
      • English
      • Workers Compensation
      View full bio
      Meet more of the team

      Frequently asked questions

      If you’ve lost a loved one due to a work-related accident or illness, workers comp death benefits might be the last thing on your mind. And that’s completely understandable. Your focus should be on looking after yourself and your family.

      But there are a few simple steps you can take early on that can make a big difference if you choose to claim workmans comp death benefits down the track:

      1. Report the incident: If your loved one passed away outside of work, let their employer know what happened as soon as possible. This ensures the death is officially documented, which is important for any future claim.
      2. Keep track of expenses: Hold onto receipts and notes about funeral costs and any income or financial support you’ve lost. These details can help strengthen your claim.
      3. Get legal advice early: When you’re ready, we suggest speaking with a workers compensation lawyer to protect your rights and give you peace of mind. Our experienced team will guide you through the process and help you understand what compensation you may be entitled to.

      Time limits apply to all workers compensation death benefits claims, with the exact deadline depending on which state you’re claiming in.

      StateTime limit
      NSW, QLD, SA, WA, NT, TAS6 months from the date of death
      VIC2 years from the date of death
      ACT3 years from the date of death

      What if I’m outside the time limit?

      If you’re outside the time limit, don’t give up on your claim — you still have options. Just speak to our expert workers compensation lawyers today.

      Many states allow extensions if you have a valid reason, like not knowing you had a claim or being temporarily out of the state.

      Our expert workers compensation lawyers know the ins and outs of these exceptions in every state and can apply for an extension on your behalf. We’ve helped hundreds of clients get delayed claims over the line — and we’re ready to help you too.

      One of the biggest hurdles in a workers comp death benefits claim is proving that the death was work-related. This can be especially tricky with conditions like cancer or heart disease, where there may be several possible causes.

      To succeed, you’ll need strong expert evidence: not just about your loved one’s condition, but also how it was linked to their job. That’s where having a specialist workers compensation lawyer really matters.

      With over 25 years of experience helping families through these kinds of claims, we know exactly what’s required to secure your full compensation. We’ll work with the right experts — whether it’s medical specialists, vocational consultants or liability professionals — and guide them on how to provide clear, persuasive evidence that directly links your loved one’s death to work.

      We’ll also use this expert evidence to push back against any attempts by the insurer to argue the death wasn’t work-related. By presenting a strong, well-documented case upfront, we can reduce delays and help your family access the compensation you’re entitled to.

      If your loved one passed away due to a work-related incident, you may be entitled to more than just a workers compensation payout. This includes:

      Let’s take a closer look at each of these options below, so you can understand what support may be available to you and your family.

      Superannuation death benefits claims

      After a loved one passes, their super fund is responsible for assessing and distributing any death benefits. This usually includes the remaining super balance and any life insurance tied to the policy. These benefits are generally paid out to the deceased’s dependants.

      If you’re considered a dependant for a workers compensation death benefit, chances are you’ll also qualify as a dependant under superannuation law.

      To get started, you’ll need to submit a death benefit claim form to the super fund, along with evidence of your relationship to the deceased.

      If you’re the only dependant, the process is usually straightforward. But if you think someone else might also make a claim (or if there’s any tension or uncertainty), it’s best to speak to a lawyer early. 

      This is because super funds have full discretion over who receives the payout. So, even if you’re nominated on the policy or closely related to the deceased, the fund can choose to award the benefit to someone else.

      Nervous shock claims

      If you developed a psychological condition due to your loved one’s passing, you may have a nervous shock claim. To make a successful claim, you’ll generally need to establish three key factors:

      1. You’re a ‘close relative’ of the deceased, such as a parent, spouse, partner, child or sibling. 
      2. Your loved one’s death was caused by employer negligence, such as inadequate safety training.
      3. You’ve developed a psychological condition like anxiety, depression, or PTSD as a result of your loved one’s death.

      Depending on your situation, your nervous shock compensation may cover:

      • Lost income: Past and future wages, including super.
      • Pain and suffering: For the emotional and physical toll of the condition on your life.
      • Care and support: If you now need help yourself, or can no longer care for someone who depends on you.
      • Medical and related expenses: Including treatment, travel, or home modifications.

      Nervous shock claims often involve two major challenges: proving the existence of a psychiatric condition (which can’t be diagnosed through scans or x-rays), and showing a direct link between your condition and your loved one’s death. That’s why it’s so important to work with a specialist lawyer.

      We partner with highly regarded psychiatric and liability experts who know exactly how to prepare evidence that stands up to scrutiny. With the right reports and legal strategy, we’ll ensure your claim clearly demonstrates the full extent of your condition and its cause — so you receive the maximum possible nervous shock compensation.

      See more FAQs

      Get free legal advice

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      Today, after only 8 weeks, I got the best news: my claim was successful!

      Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      Jamie and her team at Monaco made my tough claim easier to handle.

      My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

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      Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

      I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

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      Highly recommended! I am very happy with the result.

      I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

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      How a lawyer can help with your claim

      Losing someone you love is devastating, and dealing with the financial aftermath can feel impossible. That’s where we step in. Our experienced lawyers will handle your entire workers compensation death benefits claim from start to finish, so you can focus on yourself and your family. When you trust us with your claim, we’ll:

      • Clearly explain your rights and help establish your dependency.
      • Gather expert evidence linking your loved one’s death to their work.
      • Take care of all the paperwork and make sure every deadline is met.
      • Push back on insurer disputes or unfair claims from other parties.
      • Guide you through the process with empathy, clarity, and ongoing support.
      • Explore any other compensation you may be entitled to, like superannuation death benefits.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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