Fatality & Dependency Claims — WorkCover NSW
When a worker dies from work, NSW law provides a lump-sum payment, funeral costs and ongoing support for dependent children. We help with the paperwork so the family isn't doing it alone.
For: Families and dependants of a NSW worker who died as a result of work.
What the law actually says
Specific NSW statutory provisions and case-law tests that apply to this scenario. The detail matters because insurers push back here.
Part 3 Division 4 of the Workers Compensation Act 1987 (NSW) sets out the entitlements when a worker dies as a result of work
Part 3 Division 4 of the Workers Compensation Act 1987 (NSW) sets out the entitlements when a worker dies as a result of work — a lump sum to dependants, funeral expenses, and weekly payments for dependent children.
Talk to our teamThe lump-sum compensation is indexed each year. As of the 2024–25 indexation, it sits above $900,000
The lump-sum compensation is indexed each year. As of the 2024–25 indexation, it sits above $900,000 — the current figure is published on the SIRA Benefit Guide. A compensation lawyer confirms the exact amount that applies at the date of death.
Talk to our teamFuneral expenses are paid separately and in addition to the lump sum, subject to the statutory cap also indexed annually.
Funeral expenses are paid separately and in addition to the lump sum, subject to the statutory cap also indexed annually.
Talk to our teamWeekly payments are available for children dependent on the deceased worker
Weekly payments are available for children dependent on the deceased worker — payable until age 16, or 21 if in full-time study.
Talk to our teamThe coronial investigation is independent of the workers compensation claim. You don't need to wait for the coroner's findings
The coronial investigation is independent of the workers compensation claim. You don't need to wait for the coroner's findings — dependency claims can be lodged and paid alongside the coronial process.
Talk to our teamSection 261 of the Act sets a notification window
Section 261 of the Act sets a notification window — typically within six months of death — but extensions are routinely granted where the family was understandably not focused on paperwork. Call us early so a time limit is never the reason a claim fails.
Talk to our teamLegal costs for a dependency claim are paid by the insurer under the scheme
Legal costs for a dependency claim are paid by the insurer under the scheme — families should not pay solicitors out of their own funds for this.
Talk to our teamWhat the NSW and national data says
Source-cited statistics from SIRA, Safe Work Australia and icare — context for how common this scenario is across the NSW scheme.
Australian worker fatalities annually
Worker fatalities reported to work health and safety regulators each year in Australia — most attracting a dependency claim under state workers compensation law. Source: Safe Work Australia, Work-related Traumatic Injury Fatalities 2023 (https://www.safeworkaustralia.gov.au/).
NSW benefits paid last year
Total statutory benefits paid to injured and bereaved NSW workers and families — including dependency lump sums and weekly child benefits. Source: icare NSW, 2023–24 (https://www.icare.nsw.gov.au/).
Want the full picture? See WorkCover in numbers
What NSW WorkCover pays for in this scenario
Once the claim is accepted (or under provisional liability), the insurer pays for every line below directly. Families and workers don't receive invoices.
- Lump-sum compensation (currently above $900,000, indexed annually) payable to dependants under Part 3 Division 4
- Funeral expenses up to the statutory cap — paid separately from the lump sum
- Weekly payments for each child dependant under 16 (and up to 21 if a full-time student)
- Medical and hospital expenses incurred before death relating to the fatal injury
- Travel and accommodation costs for family attending coronial inquest if related
- Compensation lawyer costs fully covered by the insurer — families pay nothing
- Ongoing support through the dependency process, including distribution where there are multiple dependants
Not sure what weekly payments might apply? Use the Payment Calculator.
How we help with fatality & dependency claims claims
One phone call is all it takes. We answer your questions, book the doctor, and line up physio, psychology, rehab or a lawyer when you need one.
We're sorry for your loss — and we'll keep the rest of this page practical because that's what most families tell us they need. We put you in touch with a compensation lawyer who handles the dependency claim under Part 3 Division 4 — paperwork, insurer negotiation, distribution between dependants — and the legal costs usually aren't the family's. Where there is psychological impact on surviving partners or children, we can line up a psychologist for support through the claim. The coronial investigation runs separately and does not hold up the dependency claim.
Compensation Lawyer
Where most workers and families in this situation start. Call us and we'll set it up.
Learn about compensation lawyerWorkCover Psychologist
Lined up when the situation needs it. We book it, and on an accepted claim the insurer pays.
Learn about workcover psychologistRehabilitation Provider
Lined up when the situation needs it. We book it, and on an accepted claim the insurer pays.
Learn about rehabilitation providerNot sure if this scenario fits your situation? Take the 60-second eligibility check.
More NSW WorkCover reading
Workers Compensation NSW — the complete guide
The pillar article covering every part of the NSW scheme — weekly payments, permanent impairment, disputes.
Read moreContinueShould I claim WorkCover? 8 reasons people hesitate
The honest answers behind the common reasons workers and families hold off.
Read moreContinueAm I eligible for WorkCover? 60-second quiz
Worker status, injury type and reporting window — checked in one pass.
Read moreContinueWorker types — demographic-specific WorkCover guides
Casual, subcontractor, apprentice, migrant, young worker — how NSW WorkCover handles each.
Read moreFatality & Dependency Claims — common questions
The questions that come up most often on this scenario. Short-form answers — call for detailed guidance.
Other Scenarios
Fatality & Dependency Claims — start with one phone call.
If the claim is disputed, we put you in touch with a compensation lawyer. Our help is free. Appointments are billed to the insurer on accepted claims.
Speak to Our Team