6.1.2.3 Damages for a work-related death

In addition to claiming worker's compensation, dependents of a deceased worker may, if eligible, claim for damages under Part III of the Wrongs Act 1958.

For exampleClosed they may sue an employer for negligence.


WorkSafe is involved in claims for damages under the Wrongs Act. An Agent may be asked to provide details of the claim and payments made.

The total amounts of all lump sums and pensions that have been paid must be deducted from any damages that are awarded.

When the Wrongs Act matter has concluded and damages are paid, there is no further entitlement to compensation under the legislation.

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