Losing someone you love is one of the hardest things anyone can go through — especially when their death was caused by something that happened at work. In the middle of grief, it can feel overwhelming trying to sort out what you’re entitled to, who you need to speak to, or what happens next.
If your partner, parent, or family member has died as a result of a work-related injury or illness, there is support available through the NSW workers compensation system. This includes financial help known as a death benefit, which is there to ease the pressure on families left behind.
Here’s what you need to know — explained simply, and with you in mind.
What is a Death Benefit?
A death benefit is a lump sum payment that may be available to the family or dependants of a worker who has died because of their job. It’s designed to give some financial relief to those who were relying on the worker’s income.
The claim can also include:
- Weekly payments for children who were dependent on the worker
- Funeral expenses to help cover the cost of saying goodbye
No amount of money can ever replace someone you’ve lost, but this support can make a real difference during a painful and uncertain time.
Who Can Get the Death Benefit?
If you were dependent on the worker — emotionally, financially, or both — you may be eligible to receive a portion (or all) of the benefit.
This could include:
- A husband, wife or de facto partner
- Children (including stepchildren or adopted children)
- In some cases, other family members who were financially dependent (depending on family circumstances, this could include grandparents, siblings, nieces or nephews)
If there’s more than one dependant, the payment is usually shared — either by agreement, or decided by the Personal Injury Commission if needed.
When is a Work-Related Death Covered?
A death may be covered by workers compensation if it was caused by work — either from a sudden event or over time.
Examples include:
- A fatal accident on a worksite or while driving for work
- A serious injury at work that later led to death
- Long-term exposure to harmful substances (like asbestos or chemicals)
- Work-related stress, trauma or mental injury that led to suicide
You don’t need to prove fault. Workers compensation is a no-fault system — the most important thing is showing that the job contributed to the injury or illness that caused the death.
What Support Can You Claim?
As of 2025, the following may be available:
✅ Lump sum payment
A one-off payment of around $969,000 (this rate changes twice a year). This amount is shared between eligible dependants.
✅ Funds management
If some or all of the lump sum payment is to be paid to a child, and that amount is to be managed by the NSW Trustee and Guardian until the child reaches the age of 18, the cost of that service.
✅ Weekly payments for children
If the worker had dependent children, weekly payments can be made until they turn 16 — or 21 if they’re still in school or studying full-time.
✅ Funeral expenses
Up to $15,000 to help cover costs like burial, cremation, and transport.
How to Make a Claim
You don’t have to go through this alone. The team at Bourke Legal can guide you through every step of the claim process and help ease the load at a time when you’re already under stress.
Here’s what’s involved:
- Notify the employer
The worker’s employer should be informed of the death as soon as possible. If the death was sudden, emergency services or police may have already made contact.
- Gather important documents
This includes:
- A death certificate
- Medical records or reports showing the cause of death
- Proof of your relationship (e.g. marriage certificate, birth certificates for children)
- Any documents showing financial dependency (e.g. joint accounts, bills)
- Lodge a claim
Bourke Legal can help prepare and submit your claim to the workers compensation insurer. We’ll ensure everything is in order and deal directly with the insurer on your behalf.
- The insurer makes a decision
The insurer reviews the information to decide if the death is work-related and who is eligible for the benefit. If needed, Bourke Legal can challenge the insurer’s decision and represent you at the Personal Injury Commission.
What if There are Multiple Dependants?
If there’s more than one person who relied on the worker — such as a partner and children from a previous relationship — the lump sum payment is usually shared between them. If there’s disagreement, Bourke Legal can assist with negotiations or take the matter to the Commission to make sure your rights are protected.
Is There a Time Limit?
Yes — a death benefit claim should generally be lodged within 6 months of the worker’s death. However, there are exceptions, especially if the cause of death wasn’t immediately known to be work-related, or the entitlement to claim wasn’t known by the worker’s loved ones.
It’s still best to get advice early — and Bourke Legal can talk you through your options, even if you’re not sure whether the death is covered.
How Bourke Legal Can Help
At Bourke Legal, we understand how painful it is to lose someone because of their job. Our team has extensive experience in handling death benefit claims and workers compensation cases, and we’re here to make sure you and your family get the support you’re entitled to.
We’ll take the pressure off by:
- Explaining everything in plain language
- Gathering all the right paperwork
- Dealing with the insurer on your behalf
- Representing you in disputes or hearings, if needed
- Making sure your claim is handled with care and respect
We’re with you every step of the way — so you can focus on grieving, healing, and rebuilding.
Useful Links and Resources
- Independent Review Office (IRO) — For free advice and help with NSW workers compensation claims:
https://www.iro.nsw.gov.au - NSW Personal Injury Commission — The place to resolve disputes about workers compensation claims:
https://www.pic.nsw.gov.au - SafeWork NSW — Information about workplace safety and workers compensation:
https://www.safework.nsw.gov.au
Final Words
If you’ve lost a loved one because of something that happened at work, you deserve support — emotionally, legally, and financially. The NSW workers compensation system is there to help, and Bourke Legal is here to guide you through it.
You don’t have to figure this out alone. We’re here to listen, support, and act for you.
For free and confidential advice, contact Bourke Legal today. We’re here when you need us most.