Losing the Family Provider: Making a Dependency Claim

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WorkCover Dependency Claim

The sudden death of a loved one is devastating. When that person was also your primary source of income, the emotional toll is often matched by urgent financial pressure. Rent or your mortgage still needs to be paid. Children still need support. Life doesn’t pause, but everything has changed.

If your spouse, partner, parent or another close relative has died due to a work-related injury or illness, you may be eligible to receive compensation through a WorkCover dependency claim. This claim can provide vital financial support when your family needs it most.

Carbone Lawyers help Victorian families secure their entitlements through the WorkCover scheme. We manage the process with compassion, clarity and commitment.

What a WorkCover Dependency Claim Covers

A WorkCover dependency claim is a legal right available to family members who were financially dependent on a worker who has died due to their employment. The WorkCover scheme, overseen by WorkSafe Victoria, provides compensation to help families recover from the financial impact of such a loss.

This compensation is a legally recognised entitlement under Victorian law. Through a successful dependency claim, you may receive:

  • Lump sum compensation payments
  • Weekly pensions for dependent partners and children
  • Reimbursement for funeral and counselling expenses

     

This support exists to help families maintain financial stability after the loss of a primary income earner. Learn more about WorkCover and Workers’ Compensation.

Who Can Make a Claim?

You don’t need to be married or biologically related to qualify as a dependent. The key factor is financial reliance. Eligible dependents can include:

  • A spouse or domestic partner
  • Dependent children (including adopted or stepchildren)
  • Parents, siblings or other family members who were financially reliant on the deceased


Financial dependency is assessed case-by-case. If you shared living expenses, received regular financial assistance, or depended on the worker’s income for everyday costs, you may be eligible. 

If you’re uncertain, speak with our team of experienced lawyers, as we can help you determine your position quickly and confidentially.

Why Some Families Hesitate to Claim

After the loss of a loved one, many families feel unsure about seeking legal advice. Some believe a claim may feel inappropriate or opportunistic. Others worry the process is too difficult or stressful during such a sensitive time. But avoiding a claim can come at a cost. 

The WorkCover scheme exists for moments like this, to protect families from hardship caused by work-related deaths. We’ve heard concerns from clients before, such as “I don’t want to turn this into a legal fight”, “I don’t know if I qualify”, “it’s probably too late now” and “it sounds complicated”. We understand. And we can help you move forward with minimal disruption. 

Our no win, no fee policy means you won’t pay legal costs unless your claim is successful, and we handle the process on your behalf.

Time Limits for Making a Dependency Claim

There is a strict two-year time limit from the date of death to lodge a WorkCover dependency claim in Victoria.

We encourage you not to delay. Starting your claim early gives us more time to collect the necessary evidence and gives you the best chance of securing full entitlements.

If you are outside the two-year window, speak with us anyway, as extensions may apply in some circumstances.

Support from WorkCover Lawyers Who Understand

Our experienced personnel at Carbone Lawyers have represented families across Victoria in WorkCover claims for decades. We understand the system. We know how to navigate the complexities. And most importantly, we prioritise your peace of mind.

Our lawyers work closely with you to understand your family’s needs, and we’ll manage each key aspect of the claim, from eligibility assessments and document gathering to negotiations with WorkSafe. Our job is to ensure you receive what you are entitled to, with compassion and care.

Don’t Settle for Less

If you’re wondering if it’s worth the call, it is. Many people we’ve helped assumed they wouldn’t qualify or that too much time had passed. Others tried to navigate the system on their own and were overwhelmed by the process.

You don’t need to figure this out alone. We’re here to help you get the support your family needs, and the future your loved one would have wanted for you. Contact Carbone Lawyers.