What to do after a loved one’s workplace-related death

Losing someone you love in a workplace incident is devastating.

When a death occurs because something went wrong at work, the impact on your family can be immediate and deeply unsettling. Grief is often accompanied by confusion and understandable frustration.

Many of my clients feel overwhelmed by the sudden financial burden that follows. A WorkCover dependency claim exists to support dependants by providing essential financial assistance at a time when stability can feel out of reach.

Maurice Blackburn has walked alongside many families after a loved one’s workplace fatality. We understand how difficult this time is and how daunting the next steps may appear. We know what’s involved in making a WorkCover dependency claim and how the law assesses your situation, so you have the right support and a clear path forward.

What is a WorkCover dependency claim?

A WorkCover dependency claim is a claim brought by a person or group of people who relied on the deceased worker for financial support or essential domestic and family contributions. The purpose is not to place a value on the life; instead, it recognises that families should not face financial stress because something went wrong at work.

If the death was caused by a work‑related injury or illness, including motor vehicle accidents during work, WorkCover may provide financial compensation via a dependency claim payout to help replace the support your loved one would have continued to provide if they were still here. This can include help with daily living costs, care of children, and other essential expenses that depended on them.

Eligibility criteria for dependency claims

Before WorkCover can pay out any entitlements to dependants, they must first confirm that the death is connected to your loved one’s employment. This means showing that the person was legally considered a worker, and that their injury or illness either happened at work, was caused by their work, or that their job significantly contributed to a condition such as a disease, heart attack, stroke, or mental injury.

In Victoria, to be classified as a dependant, you must demonstrate that you have been, or would have been, ‘wholly, mainly or partly dependent’ on your loved one’s earnings, but due to their untimely death, that support has stopped.

This includes, but is not limited to, partners, children and unborn children, and, in some cases, other family members who relied on the worker for financial support.

WorkCover looks at the reality of your family’s circumstances rather than formal labels. Our role is to ensure that the nature of your dependency is clearly understood and respectfully presented.

What compensation is available through WorkCover?

If you’re recognised as a dependant, you may be entitled to a lump sum payment. This is a one‑off payment that acknowledges the financial dependency you had on the worker’s earnings at the time of their death.

Close family members may also be entitled to a grief and loss lump sum. This payment is available to:

• partners
• parents
• guardians
• step‑parents
• grandparents
• siblings
• step‑siblings
• anyone for whom the worker was a parent or guardian.

Importantly, a close family member doesn’t need to have been financially dependent on the worker to receive the grief and loss lump sum support.

A weekly pension is also available to dependent partners, dependent children and orphans. To receive this pension, WorkCover must be satisfied that the person was financially dependent on the deceased worker’s earnings at the time of death.

Dependants of a worker who died due to employer negligence in the workplace, or another driver, can also pursue a common law claim, which is separate from and additional to their WorkCover dependency claim entitlements. This claim is separate from the WorkCover entitlements and allows families to seek further compensation where the employer’s negligence played a role in the worker’s death. In some circumstances, family members may have their own compensation claims if they sustain a mental injury due to the workplace death.

We can guide you through this process and explain whether a common law claim is available in your circumstances.

What to expect when making a dependency claim

A dependency claim usually involves gathering information that shows how your loved one supported the household, and the medical evidence to link their death to employment. We can handle this evidence-gathering for you and deal directly with WorkCover and the insurer to ease the pressure during an already overwhelming time.

You may still need to provide some documents, such as payslips or tax records, and WorkCover may make enquiries. You will likely still need to communicate with the Coroner’s Court of Victoria although they can also provide us information. Most claims resolve through negotiation, though some require more formal steps if an insurer challenges parts of the claim.

Getting help with a WorkCover dependency claim

If you’ve lost a loved one in a workplace incident, our dedicated workers' compensation lawyers specialising in WorkCover dependency claims in Victoria can help you get the compensation you are entitled to.

WorkCover dependency claims have a strict two‑year time limit to lodge a claim from the date of death, and evidence becomes harder to gather as time passes, so getting early advice is important.

Similarly, there is a six-year time limit to lodge a claim common law claim in Victoria.

A dependency claim can’t ease the emotional loss you’re experiencing, but it can protect your financial future and help you rebuild stability when your life has been turned upside down.

Use our free online claim check tool to find out if you're eligible for a worker's dependency claim, send us a message or call us on 1800 111 222.