---
title: "Compare a statutory death benefit with a common-law dependency claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-11"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Compare a statutory death benefit with a common-law dependency claim

> From the scheme page and the dependency section the lawyer names, make two columns for the statutory payment and the common-law head, and copy a figure only if it appears on the page opened for this file, dating the…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the scheme page and the dependency section the lawyer names, make two columns for the statutory payment and the common-law head, and copy a figure only if it appears on the page opened for this file, dating the copy. Do not say the statutory payment is deducted. |
| What the lawyer must review | You decide which scheme applies and whether a payment is brought into account. Do not net one column off the other. A page and a section can point different ways. You resolve that. You do not follow a misnamed Act on a scheme page. Use the indexed amount in force at the date of death, not a figure printed in an old consolidation. Family, wage and medical records stay in a firm-controlled tool. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Scheme benefit beside the common-law claim**

The tool sets the scheme benefits beside the common-law heads. The lawyer decides overlap and does not assume a deduction.

- What the AI does: From the scheme page and the dependency section the lawyer names, make two columns for the statutory payment and the common-law head, and copy a figure only if it appears on the page opened for this file, dating the copy. Do not say the statutory payment is deducted.
- What the lawyer does: You decide which scheme applies and whether a payment is brought into account. Do not net one column off the other. A page and a section can point different ways. You resolve that. You do not follow a misnamed Act on a scheme page. Indexed amounts are the amount in force at the date of death, not a figure printed in an old consolidation. Family, wage and medical records stay in a firm-controlled tool.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Identify the scheme from the facts of the death before copying any figure.
2. Copy percentages and dollar caps from the page opened, including the date of death the page uses for a new benefit.
3. Leave a deduction row blank where the dependency section says the payment is not taken into account, and record both texts if they differ.
4. Do not use a lump sum printed in a consolidation unless section 25(4), or the equivalent you opened, makes it the amount in force at the date of death.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Sources

- [WorkSafe Victoria: entitlements following a work-related death](https://www.worksafe.vic.gov.au/entitlements-following-work-related-death) (checked 2026-10-23)
- [TAC: when a family member dies](https://www.tac.vic.gov.au/what-to-do-after-an-accident/how-to-claim/when-someone-dies) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 19](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s19.html) (checked 2026-10-23)
- [WorkSafe Queensland: claiming when someone dies at work](https://www.worksafe.qld.gov.au/workers-compensation/work-related-injuries/claiming-when-someone-dies-at-work) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 25](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s25.html) (checked 2026-10-23)
- [icare payments for bereaved families](https://www.icare.nsw.gov.au/injured-or-ill-people/workplace-injuries/payments/payments-for-bereaved-families) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*