--- title: "Compare a Victorian death benefit with a Part III dependency claim" url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-FM20261023-11-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Compare a Victorian death benefit with a Part III dependency claim > In a firm-controlled tool, put the WorkSafe or TAC benefit in one column and the Part III head in the other, copying a figure only from the page opened for this file. Do not deduct one from the other. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-statutory-death-benefit-with-a-common-law-dependency-claim/victoria 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 or TAC benefit in one column and the Part III head in the other, copying a figure only from the page opened for this file. Do not deduct one from the other. | | What the lawyer must review | Decide whether any payment is brought into account. Do not net the columns. Do not follow a Wrongs Act of 1985 on the WorkSafe page. The Act opened is the Wrongs Act 1958. Resolve the section 19(1)(c) conflict. A State pension, benefit or allowance is not taken into account. | | Written for | Victoria | | 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 **Victorian scheme beside Part III** The tool sets the WorkSafe and TAC benefits beside the Part III claim. The lawyer resolves the WorkSafe page and section 19(1)(c). - What the AI does: In a firm-controlled tool, put the WorkSafe or TAC benefit in one column and the Part III head in the other, copying a figure only from the page opened for this file. Do not deduct one 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. Copy the grief and loss lump sum only for a death on or after 6 August 2025, and copy no dollar the page does not state. 2. Record the partner pension: 95 per cent for 13 weeks, then 50 per cent to three years, shared if there is more than one partner. 3. Use TAC figures only for a death on or after 1 July 2026, including the child lump sum only where the surviving parent is not first eligible. 4. Leave the deduction blank and set out both texts. ## Notes - The WorkSafe page opened on 23 October 2026 says a dependency lump sum for partners, children and, where applicable, other dependants varies with the number of dependants and whether dependency was whole, main or partial. A grief and loss lump sum, a set amount for each eligible close family member, is available where the worker died on or after 6 August 2025. Only dependent partners and children receive a weekly pension, calculated on pre-injury average weekly earnings. A dependent partner's pension runs for three years: 95 per cent of those earnings for the first 13 weeks, then 50 per cent until three years, shared equally if there is more than one partner, and capped. Dependent children are paid from 14 weeks after the death until 16, or until 25 if a full-time student or apprentice or living with a disability within the Disability Act 2006. For periods from 1 November 2020 the page states 12.5 per cent of earnings for each child up to four children, and an equal share of 50 per cent if there are more than four. The page says WorkSafe entitlements that have been paid are deducted from damages, and it names a Wrongs Act of 1985. The Act opened is the Wrongs Act 1958. Section 19(1)(c) of that Act says a pension, benefit or allowance under a law of the State shall not be taken into account. The lawyer resolves the two texts and does not rely on the year 1985. The TAC page says the amounts it lists are for deaths on or after 1 July 2026. It states a dependent spouse or partner lump sum of up to $237,240, and an ongoing payment of 80 per cent of earnings up to $1,730 gross a week where the deceased was employed and providing financial support. It states a dependent child's lump sum of up to $237,240 only where the surviving parent is not first eligible as a dependent spouse or domestic partner. That sum is held until the child is 18 and is divided equally if there is more than one child. - 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: Victoria: WorkSafe or TAC death benefits beside a Wrongs Act 1958 Part III claim **Deliverable**: A comparison of the statutory benefits and the Part III heads, with deduction left blank. **Inputs** - The scheme page opened for this file - Date of death - Wrongs Act 1958 s 19 - Payments already made **Example**: Illustrative example: WorkSafe has paid a pension, and the page says the payment is deducted under a Wrongs Act of 1985. The tool sets section 19(1)(c) of the Wrongs Act 1958 beside that sentence. The lawyer resolves the two texts and does not use the year 1985. **Stop and escalate when** - The year 1985 is used as the Act. - A TAC figure is used for a death before 1 July 2026 without a current source. Checked 2026-10-23. ## Sources - [WorkSafe Victoria: entitlements following a work-related death](https://www.worksafe.vic.gov.au/entitlements-following-work-related-death) (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) - [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) *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*