6.1.2.1 Eligibility for entitlements
General eligibility criteria
Before entitlements can be paid, it must be established that:
- the deceased worker is a ‘worker’ in accordance with the legislation and
- the worker’s injury arose out of or in the course of employment which resulted in or materially contributed to the worker's death or
- in the case of a disease or aggravation of a pre-existing condition or heart attack or stroke injury, the worker’s employment was a significant contributing factor to the injury or disease.
See: Entitlements
Eligibility criteria for entitlements
Lump Sum
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To be classified as a dependant, at the time of the worker’s death a person must demonstrate they have been or would have been, but for the incapacity of the worker due to injury, 'wholly, mainly or partly dependent' on the worker’s earnings.
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Dependants are generally partners or children but can also be family members In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member. (such as a parent Parent of a worker includes a person who has day to day care and control of the worker) or non-family members.
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Although there is no dependency at the time of the worker’s death, an unborn child may be determined to be dependent from the time of their birth.
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In addition to a dependency lump sum, a dependent person who is a close family member In relation to a work-related death, a ‘close family member’ of a worker means a person who, at the time of the worker’s death: • was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian, and • had a genuine personal relationship with the worker. may be entitled to a grief and loss lump sum, where applicable.
A close family member In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member. may be eligible for a grief and loss lump sum.
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To be classified as a close family member, a person must demonstrate they had a genuine personal relationship with the worker.
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a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or
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a person to whom the worker was a parent, step-parent or guardian.
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A close family member does not need be a dependant to be eligible for the grief and loss lump sum.
See: Current dependency lump sum amounts
Weekly pension
Only dependent partners, children and orphans are eligible for a weekly pension.
Before entitlements can be paid, it must be established that the person was dependent on the deceased worker’s earnings at the time of death.
See: Who can apply for entitlements | Weekly pension | Lump sum payment
Define immediate family member
A family member as referenced in this chapter means the deceased worker’s:
- partner/s
- parent/so do
- grandparent/s
- sibling/s
- child/ren or
- partner’s child/ren
Panel firm recommends eligibility
The Agent and WorkSafe’s panel firm are responsible for establishing eligibility and entitlements for those claiming (including dependants).
In cases where initial liability and/or dependency are in dispute, the claim must be referred to the Magistrates’ Court or County Court by the applicant. The Magistrates’ Court or County Court determines who is a dependant and what, if any, entitlements are to be paid.
See: Responsibilities of the panel firm | Guidelines for Claims for Compensation following the Death of a Worker
