When a loved one dies at work, the emotional impact on the family is immense. The grief can be overwhelming, and on top of that, the financial strain can feel crushing—especially if the person who died was the main breadwinner.
In Queensland, the law recognises this hardship. Families may be entitled to seek financial support through dependency claims, also known as wrongful death claims, via two main avenues:
- Statutory benefits through WorkCover Queensland (automatic entitlements, no need to prove fault).
- Common law claims (when the employer’s negligence or breach of duty caused the death).
Think of it as two different “games” running in parallel: WorkCover sets the rules and caps for one game, while common law opens up a wider playing field where you can push for everything your family has truly lost.
This guide explains the differences, the process, and what families can realistically expect.
Death in the Workplace: A Harsh Reality
Workplace deaths are not abstract statistics—they’re real people, real families, and real futures cut short.
On a global scale, the International Labour Organisation estimates that nearly 330,000 people die each year due to work-related incidents.
Here in Australia, the numbers are stark. In 2023 alone, 200 workers lost their lives to traumatic injuries. In 2022–2023, Queensland recorded 40 workplace fatalities—the highest number of any state. While long-term trends show fatalities decreasing since 2003, the risks remain all too real.
When tragedy strikes, families are left not only grieving but also facing lost income, lost care, and unexpected costs. That’s where Queensland’s compensation framework applies.
Who can make a wrongful death claim?
The law in Queensland is clear about who counts as a “dependant” and can claim benefits:
- Spouse or partner: Includes de facto and same-sex partners.
- Children: Biological, step, or adopted children under 16 automatically qualify; those 16–21 generally must be in full-time education, with exceptions for disability or other valid reasons.
- Parents or other relatives: If they can prove financial dependence on the deceased.
A note on de facto partners
If you weren’t married but lived together, you’ll generally need to show you were in a genuine domestic relationship for at least 2 years before the death. Courts may still recognise shorter relationships if you can prove you intended to build a permanent future together.
Who starts the claim?
Usually, there’s just one claim lodged on behalf of all dependants, with compensation then divided fairly between them. The person handling the deceased’s estate can lodge it, or family members can do it directly.
Where do I lodge a claim?
Here’s where the two pathways clearly split:
1. WorkCover Queensland (statutory benefits)
- You must lodge within 6 months (extensions are possible, but don’t rely on them).
- WorkCover will first check if the death is legally “work-related.” They ask:
- Was the person employed at the time?
- Do they fit the legal definition of a “worker”?
- Was the job a significant contributing factor to the death?
Even if the death happened while travelling to or from work, or during a break (like a heart attack while driving to work), it may still be covered.
2. Common law dependency claims
If the employer’s negligence played a part—for example, unsafe equipment, lack of training, or ignored safety warnings—you may also have grounds to sue the employer (through their insurer). These claims aren’t capped the same way WorkCover benefits are and can cover the true financial and personal loss suffered by the family.
What documents do I need?
For statutory benefits, you’ll need specific medical evidence showing the cause of death. WorkCover prefers a workers’ compensation medical certificate, but if that’s not available, they’ll accept the:
- Autopsy report
- Death certificate
- Coroner’s Inquest report
What compensation is available?
WorkCover statutory benefits
You don’t need to prove anyone was at fault to get these. They include:
- Lump sum payments: These are calculated using the formula set out in the Workers’ Compensation and Rehabilitation Act 2003. The payout considers:
- The worker’s past earnings.
- Their likely future earnings.
- How much of that income went to supporting dependants.
- How long they would have kept working.
As of 1 July 2025, the Queensland Ordinary Time Earnings (QOTE) stood at $1,953.70 per week. This means the maximum payout for a total dependant of the deceased worker is $790,995.
- Quarterly ongoing payments: Particularly for families with young children, these payments help cover long-term living costs.
- Funeral expenses: WorkCover can cover “reasonable” costs, including:
- Burial or cremation.
- A modest headstone or memorial.
- Flowers, catering, or other customary expenses.
WorkCover can often pay the funeral home directly, helping families manage the immediate financial pressures.
- Loss of domestic services: This is financial recognition of the unpaid work the deceased provided, such as:
- Cooking, cleaning, or childcare.
- Yard work or home maintenance.
- Driving kids to school or sports.
Common law claims
This is where things open up. Unlike WorkCover, common law doesn’t impose strict caps. Instead, courts assess what the family has actually lost.
That can include:
- Lifetime earnings and career progression.
- Superannuation growth.
- Value of lost care and household contributions.
- Medical or counselling costs for dependants.
Other benefits
Any superannuation or retirement savings your loved one had are also paid out to the family. This may include the balance of their account, plus any life insurance held through the fund. Importantly, superannuation benefits are separate from WorkCover or common law entitlements, so families can usually receive both.
The claim process
Immediately after the death
- Preserve evidence: Police reports, witness accounts, incident records. Even “small” details can matter later.
- Collect financial documents: Tax returns, payslips, super statements, bills. These show how much the deceased contributed to the household.
Engaging a lawyer
Not every lawyer handles dependency claims. You need someone who knows both WorkCover’s playbook and common law litigation tactics, like our Wrongful Death Lawyers Queensland.
Building the claim
- Financial assessment: We can engage expert accountants to calculate the lifetime financial impact.
- Cause investigation: Proving negligence is key in common law claims. That may involve safety experts, workplace engineers, or medical specialists. We handle it all, so you can focus on moving forward.
Resolution
Most statutory claims never reach a courtroom. These are usually resolved through negotiation with insurers. But if the other side plays hardball, we’re ready to go in, boots and all, and fight it out in court.
Common challenges in dependency claims
- Proving financial dependence: Insurers may argue you weren’t truly dependent. Keeping records of shared bills and household expenses helps counter this.
- Shared fault: If the worker was partly responsible (e.g., not wearing PPE), compensation may be reduced.
- Multiple responsible parties: Sometimes, several companies are involved (e.g., contractors and site owners). It takes legal strategy to work out who should pay.
- Early low-ball offers: Insurers often try to settle fast and cheap. Accepting too soon could cost your family hundreds of thousands.
Multiple claims: Don’t leave money on the table
A single workplace death can give rise to more than one entitlement, including:
- Statutory WorkCover benefits
- A common law claim against the employer
- Third-party negligence claims (for example, if faulty equipment from another company was involved)
- Life insurance or superannuation payouts
The challenge is knowing which claims apply to your situation and making sure nothing is overlooked. Our role is to take the weight off you. We handle the paperwork, the insurers, and the negotiations—so your family doesn’t miss out on what’s rightfully yours.
Time matters
Strict time limits apply:
- WorkCover claims: Generally, you have 6 months from the date of the worker’s death to lodge a claim. In some cases, extensions can be granted if there’s a valid reason for the delay.
- Common law claims: Usually 3 years from the date of death, but certain steps (like a notice of claim) must be taken much sooner.
Managing a wrongful death claim can be complicated, but we’ll guide you through every detail and deadline to make sure nothing is missed.
We’re on your side
Losing someone you love is painful enough. Worrying about how to pay the mortgage or keep food on the table shouldn’t be added to that grief.
While these claims can’t undo the loss, they can provide the financial support your family needs to keep going..
At accident legal, we’ve been in the trenches with Queensland families for decades. We understand the insurers’ game plan because we used to coach from their side. Now, we put every tactic we’ve learned to work for you.
- We front all costs.
- We work on a no win no fee guarantee.
- Your case is run by senior lawyers throughout
- Wherever you are in Queensland—whether that’s the hospital, your kitchen table, or anywhere else—we’ll be there.
Dealing with insurers in compensation cases can be a tough game. Don’t go onto the field without our experienced Personal Injury Lawyers Queensland in your corner.
Call us anytime, 24/7, or send us a message. Let us fight with everything we’ve got to secure your family’s future.