6.1.5 Entitlements
6.1.5.1 Immediate Support payments | 6.1.5.2 Weekly pension | 6.1.5.3 Dependency lump sum | 6.1.5.4 Medical and like expenses | 6.1.5.5 Grief and loss lump sum | 6.1.5.6 Pre 12 November 1997 death claims
A number of entitlements are payable depending on whether liability for the death is accepted and dependency and/or grief and loss is established.
See: Eligibility for entitlement
The Magistrates’ Court or County Court determines entitlements as a result of a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. death and the amount of those entitlements where the claim relates to:
- lump sum payments for unrepresented dependants, persons under a disability or minors, including unborn children
- disputed initial liability and/or dependency
- disputed PIAWE rate for a weekly pension.
In all other cases, the Agent or Self-Insurer will determine liability and dependency and grief loss entitlements.
See: Claim referred to Magistrates’ Court or County Court
The Magistrates’ Court determines both eligibility and quantum for reimbursement of expenses for non-dependent 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..
See: Application for reimbursement of expenses
Initial entitlement when liability is accepted
When liability is accepted for a death claim there is an immediate entitlement to compensation for the reasonable costs of:
- burial or cremation, including repatriation if required
- travel and accommodation costs for attending the burial or cremation
- family counselling, therapy and other support services where applicable
- medical and like treatment between the date of injury and date of death.
Compensation for the reasonable costs of other medical and like services, such as household help or forensic cleaning, are determined based on individual circumstances.
See: Medical & like expenses| Death while in receipt of household help
Entitlement when dependency is established
When liability is accepted and dependency is established, a dependent partner, child or orphan is entitled to a weekly pension.
The Agent or Self-Insurer can commence payment of the weekly pension without referring the matter to the Magistrates’ Court or County Court. If the PIAWE rate is disputed, this can be determined by the Magistrates’ Court or County Court at a separate stage of the proceedings.
For claims where there are unrepresented dependents, a person under a disability or a minor, including unborn children, the Magistrates’ Court or County Court determines who is entitled to the quantum of a lump sum payment.
See: Dependency lump sum | Pay entitlements
Entitlement when close family member established
When liability is accepted and a genuine relationship of 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. is established, the person is entitled to compensation in recognition of their grief and loss.
Note: only applies to death that occurs on or after 6 August 2025.
The Magistrates’ Court or the County Court is not required to determine the amount of compensation that will be paid to close family members 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. in the form of a grief and loss lump sum.
Legal costs
Where a claimant A person who applies for WorkCover benefits. has legal representation and there is no court involvement – refer to WorkSafe’s policy: Legal costs in dependency claims - non court involvement.
Where a claimant has legal representation and there is court involvement – legal costs are paid in accordance to the guidelines – refer to: Guidelines for Claims for Compensation following the Death of a Worker.