Workers Comp Death Benefit & Dependency Checker

New South Wales — death benefits for dependants

A claim is made through the NSW workers compensation scheme (icare / SIRA). Here is what dependants can usually expect.

Lump-sum death benefit

If a worker dies because of a work-related injury or illness, a large lump-sum death benefit is paid to their dependants. In New South Wales this is currently of the order of around $969,000 (approximate and indexed — please treat it as a rough guide and confirm the current figure with the scheme, because it is reviewed and increased regularly).

Funeral expenses

Reasonable funeral, burial or cremation expenses are covered, on top of the lump-sum benefit, up to the amount set by the scheme. Keep the invoices and receipts — the scheme or insurer can tell you how to be reimbursed or have the costs paid directly.

Ongoing payments for dependent children

In most schemes, dependent children also receive ongoing weekly payments — generally until about 16, or about 21 if they are in full-time study — separately from the lump sum. The exact rate, age limits and conditions vary by scheme, so confirm what applies to the children with the regulator.

How the benefit is shared among dependants

The lump-sum benefit is shared (apportioned) among the people who were dependent on the worker — for example a partner and children. If there is only one dependant, that person generally receives the full amount. Where dependants need to agree on how it is divided, or where a child's share is involved, a court or the regulator may be involved to make sure it is fair.

Getting help

You do not have to work this out alone. SafeWork NSW can explain the death-benefit claim, confirm the current figures and who counts as a dependant, and point you to support. Free, confidential help is also available from a union, a community legal centre, or a specialist workers' compensation lawyer, and many offer a no-cost first conversation. If you are struggling, Lifeline (13 11 14) and Beyond Blue (1300 22 4636) are there any time.

Who to contact

SafeWork NSW — 13 10 50 (regulator website)

Source

Safe Work Australia, Comparison of Workers' Compensation Arrangements in Australia and New Zealand (29th ed.); Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998 (NSW).

About the figures: Any dollar amount shown is approximate and indexed — it is increased regularly, so please treat it as a rough guide and confirm the current figure with the scheme before relying on it.

We are sorry for your loss. This is general information to help you understand what support may be available — it is not legal advice and it is not a claim assessment. Workers' compensation is not harmonised, so the rules and amounts differ in every scheme, and the dollar figures shown are indexed and change regularly. Please confirm the current figures, who counts as a dependant, and the time limits with the scheme regulator or insurer, and consider getting free advice before you rely on anything here.