A fatal workplace accident has a devastating effect on all concerned and, most distressingly, the worker’s family.
If you have tragically lost a family member from a workplace accident you may be entitled to financial compensation. We appreciate that no amount of money can come close to making up for the loss of a loved one, but we can help alleviate the financial burden of no longer having the income necessary to support your family or raise dependent children.
Lump sum compensation and funeral benefits may be payable to a dependant or the estate of a worker who dies from an accident or illness sustained as a consequence of:
- performing his or her usual work duties on or off work premises;
- an incident arising out of his or her employment;
- travelling to and from work.
The laws in each state provide for lump sum payments to be paid to the dependant/s or estate of a worker who dies as a result of a workplace injury or illness.
Weekly or ongoing payments for dependent children of the deceased worker are also payable as well as payments to cover funeral expenses.
Our lawyers can explain the payments and processes relevant in your circumstances and jurisdiction and will assist with lodging a claim in these difficult circumstances.
Lodging a claim
Lodging a claim in tragic circumstances can be daunting and we encourage you to contact us early so we can assist with this process. We want to ensure that your rights are protected, particularly at a time when you are extremely vulnerable.
The insurer will require various details and supporting documents to consider your claim and entitlements. Documents required include copies of the death certificate, autopsy report and coroner’s report, the Will (if there is one), and / or grant of probate or letters of administration.
The relationship between the claimant and worker also needs to be established. Proving that you were a member of the worker’s family may simply require providing copies of a marriage and/or birth certificates. In some cases, such as where the claimant and worker were in a de facto relationship or formed part of a blended family, the process is more complex. We will assist with the necessary documents and supporting information to establish this relationship.
The insurer will also require evidence of the level of dependency you and your family had on the worker. Documents used to support this include taxation returns, child support letters, bank statements, etc.
Individually-prepared statements can also be used to provide evidence of dependency. These will set out specific aspects of the relationship such as how long the dependency existed, how daily expenses were shared, the income of the claimant and any special considerations that apply such as the disability of a claimant or dependant.
Each case is different and the extent of information required will depend on the individual circumstances.
Our experienced and compassionate lawyers have assisted many bereaved clients to pursue their compensation rights after the death of a loved one.
Making a claim for compensation entitlements can be particularly difficult after losing a family member and, at the time, it is often the furthest thing from one’s mind.
Statutory time limits apply for making a compensation claim so it is important to seek advice early to ensure your rights are protected.