Claiming when someone dies at work

Who can claim

You may be able to claim if you’re:

• A family member of the person who has died, such as their husband, wife, de facto partner, child or grandchild.
• A dependent or next of kin of the person who has died, even if you’re not related.

The term ‘dependent’ is defined in workers’ compensation legislation, and you can also find this definition in our glossary.

What you can claim

Compensation when somebody has died could be a lump sum, quarterly payments or even help with funeral costs.

We know this is a very difficult time, and we’re here to help. 

What to do first

You don’t have to go through the claim process alone.

Call us on 1300 927 928 so we can help you through your claim application.

It may also help to have a friend or family member with you for support.

What we need to know

To make a claim, you’ll need to show:

• the cause of the person’s death
• your relationship to them
• your dependence on them.

We’ve outlined exactly what we need to process the claim in the sections below.

You can also read our workplace fatality guide (PDF, 0.07 MB) or call us if anything feels unclear.  

Showing the cause of death

We’ll need a copy of the person’s death certificate.

If this isn’t available, you can provide one of the following:

• autopsy (post-mortem) report
• the Coroner’s Inquest report.

We’ll help you request these documents if needed.

Showing your relationship

To show you’re a family member or dependent, you can provide:

These documents may not cover every situation. If you’re not sure how to show your relationship, reach out – we’re here to support you.

Proof of dependence

If you were financially dependent on the person who has died, we need to work out the value of that dependence so we can get your claim right.

We may ask for:

• tax returns for you and the person who died, for the three years before their death
• child support details
• bank statements showing:
  • money being transferred from the deceased’s account to yours
  • payments for groceries, bills or other shared expenses
  • your income.

We may also take a statement from you about:

• how the dependence worked (things like how long you were dependent and how it came about)
• how you shared day to day expenses
• if you owned any property together
• whether you have a disability
• how long the dependence would’ve continued
• any other evidence that shows financial support.

If someone died from a latent onset injury or illness

A ‘latent onset injury’ is caused when is a person is exposed to something (like chemicals or the sun) that doesn’t make them sick until many years later.

Common examples include:

• skin cancer from sun exposure
• mesothelioma from exposure to asbestos.

If you’re claiming for someone who died from a latent onset injury, we need to find out if they were a worker when they were exposed.

Showing someone was a worker when they were exposed

Helpful documents include:

• a statement from you about their work history and exposure
• tax returns, payslips or employment documents from the period of exposure.

If there are no documents available, we can take statements from co-workers.

Other documents we might need

If someone has died at work, we’ll also ask for:

• their Will (if they have one)
• Grant of Probate (if there is one) – this is issued by the Supreme Court
• Letters of Administration (if there is one) – issued by the Supreme Court when there’s no will.

Other supports

You can find more support on the WorkSafe website:

• The Consultative committee for work-related fatalities and serious incidents
• What help is available when someone dies at work?