Losing a loved one due to a work-related accident or illness is devastating. Amid the grief, families are often left wondering what support is available and how to access it. Financial questions, legal uncertainty and pressure to act quickly can add to an already overwhelming time.
In Victoria, WorkCover provides financial assistance to the families of workers who have died as a result of their job. These entitlements are often essential for maintaining financial stability. But navigating the process can be complex. That’s where Carbone Lawyers comes in.
As one of Victoria’s most trusted personal injury law firms, we guide grieving families through WorkCover and common law claims with clarity and care. Our No Win, No Fee policy ensures access to justice without financial risk.
What benefits are available through WorkCover?
WorkCover Victoria offers several forms of financial and practical support following a work-related death:
- Lump sum statutory payment: Which is calculated in accordance with the legislation, divided among eligible dependents such as a partner or children.
- Weekly pensions: Ongoing income support for dependent partners or children.
- Medical and treatment costs: Covers ambulance, hospital and other care provided to the worker before their death.
- Counselling: Up to $7,840* for family counselling, shared among immediate family members.
- Funeral costs: Up to $15,230* to cover funeral or cremation expenses.
- Repatriation: Up to $15,000* to return the deceased to another state or country for burial or cremation.
- Travel and accommodation: Up to $6,190* for eligible family members attending a funeral more than 100km from home.
- Hardship reimbursements: Non-dependent family members may be reimbursed for expenses if they have suffered financial hardship.
*as of 1 July 2024 (Death Claims: WorkSafe Victoria)
Accessing these benefits can significantly ease the burden during a difficult time. However, families may not always be aware of the full scope of what they’re entitled to.
Who can make a claim for WorkCover death benefits?
Several types of family members may be eligible to claim:
- Spouses or de facto partners who were financially dependent on the deceased.
- Children, including adult children, who relied on the worker for support.
- Other dependents, such as elderly parents or people with disabilities living with the deceased.
- In some situations, non-dependent relatives may also be entitled to partial reimbursement if they incurred costs that caused financial hardship.
If you’re unsure about your eligibility, Carbone Lawyers can assess your circumstances and provide clear guidance.
How long do you have to make a claim?
Strict deadlines apply. In most cases, WorkCover compensation claims related to a workplace death must be lodged within two years of the date of death.
If your claim is denied, you generally have 60 days to appeal the decision through the dispute resolution process or immediately issue court proceedings to dispute the decision of WorkCover. Delaying can put your entitlements at risk, so it’s essential to act quickly and seek professional advice.
Even if you’re approaching the deadline or have already passed it, it’s worth speaking with a legal expert. In certain cases, extensions may be possible.
Could you be entitled to more than WorkCover provides?
Yes. In addition to statutory WorkCover entitlements, some families may also be eligible to claim common law damages. You may be able to pursue a claim if:
- The death was caused by the employer’s negligence or unsafe practices.
- You were financially dependent on the deceased.
These claims fall under the Wrongs Act 1958 (Victorian Current Acts) and may include:
- Pain and suffering.
- Loss of financial support the worker would have provided.
- Loss of superannuation contributions the worker would have accrued.
Common law claims are separate from WorkCover and often provide significantly more compensation. However, they can be complex and require strong legal representation to succeed.
Why having the right legal support makes a difference
Filing a claim after a workplace death is never just paperwork. It involves complex legal procedures, tight deadlines and emotionally draining decisions. Without expert advice, families may miss out on thousands in entitlements. They may also feel pressured into accepting early offers that don’t reflect the full value of their claim. We are here to ensure that doesn’t happen.
- We help you determine all the compensation you’re entitled to.
- We manage the entire claim process, so you can focus on grieving and healing.
- If your claim is denied, we can appeal the decision and pursue additional compensation under common law.
- We do all this on a No Win, No Fee basis, so there are no upfront costs or financial risks.
You’ve already experienced an unthinkable loss. You shouldn’t have to navigate the legal system alone.
Getting the support your family deserves
No amount of money can replace the person you’ve lost. But fair compensation can give your family stability and peace of mind during an incredibly difficult time.
You may be entitled to far more than you’ve been told. With the right legal advice, you can make sure your loved one’s legacy is protected and your family’s future is secure.Carbone Lawyers is here to help you claim everything you’re owed with compassion, expertise and commitment. Contact us today to start your claim.
