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

# Compare a Queensland death benefit with a Part 10 dependency claim

> In a firm-controlled tool, put the WorkSafe benefit in one column and the Part 10 head in the other. Do not state the section 27 definition, and do not deduct one column from the other.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/queensland  
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 | In a firm-controlled tool, put the WorkSafe benefit in one column and the Part 10 head in the other. Do not state the section 27 definition, and do not deduct one column from the other. |
| What the lawyer must review | Decide who may claim the statutory benefit. Section 27 was not opened. Do not state a definition you have not read. Apply section 70 to what must not reduce the Part 10 damages. |
| Written for | Queensland |
| Applies to | [Compare a statutory death benefit with a common-law dependency claim](https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim.md) |

## Checking plan

**Queensland scheme beside Part 10**

The tool sets the WorkSafe page beside Part 10. Section 27 of the workers' compensation Act was not opened, so its definition is not stated.

- What the AI does: In a firm-controlled tool, put the WorkSafe benefit in one column and the Part 10 head in the other. Do not state the section 27 definition, and do not deduct one column from the other.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record that a family member, or a person who is not related but was dependent, may claim, as the page says.
2. Write that section 27 was not opened.
3. Record the possible forms of compensation: a lump sum, quarterly payments, or help with funeral costs. The page states no cap.
4. The insurer is WorkCover Queensland or a self-insurer. Keep section 70 beside any reduction.

## Notes

- The WorkSafe Queensland page says a family member, such as a husband, wife, de facto spouse or child, may claim, and so may a person who is not related but was dependent. It says compensation might be a lump sum, quarterly payments, or help with funeral costs, and that a dependant is defined in the Workers' Compensation and Rehabilitation Act 2003, section 27. That section was not opened, so its definition is not stated here. The insurer is WorkCover Queensland or a self-insurer. Part 10 of the Civil Proceedings Act 2011 is the common-law dependency proceeding, and section 70 lists amounts that must not be taken into account to reduce those damages.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland: a WorkSafe death claim beside Civil Proceedings Act 2011 Part 10

**Deliverable**: A comparison with the section 27 definition left unread and deduction left blank.

**Inputs**

- The WorkSafe page
- Whether the insurer is WorkCover or a self-insurer
- Civil Proceedings Act 2011 s 70

**Example**: Illustrative example: A de facto partner asks whether they are a dependant. The tool records that the page points to section 27 and that the section was not opened. The lawyer opens it before advising.

**Stop and escalate when**

- Section 27 is paraphrased.
- A Part 10 reduction is made for a payment section 70 says not to take into account.

Checked 2026-10-23.

## Sources

- [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)
- [Civil Proceedings Act 2011 (Qld) s 70](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)

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