Record who can claim Victorian statutory benefits after a work-related death
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the relationships and the cause of death, using a firm-controlled tool, table the dependant and family classes the WorkSafe page states, and mark that no current dollar amount was on the page. Do not calculate a sum.
- What the lawyer must review
- Decide which opened class each person meets.
- Do not state a dollar amount. The page does not give one.
- A heart attack, stroke or disease death has no immediate package unless an accepted claim was being paid.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria, WorkSafe page on a work-related death claim
Produce. A dependant table with amounts left unstated.
Have ready. Relationship of each person to the worker; Whether each relied on the worker's income; Cause of death and whether a claim was already accepted.
Example of the limit. Illustrative example: A partner and a 17-year-old full-time apprentice ask about support after a death from a disease. The table records both relationship tests and that the immediate package is not offered unless a claim was already being paid. It leaves the lump sum blank. The lawyer does not invent the figure.
Stop and hand it back when
- A dollar amount would have to be taken from the 2023 table.
- The task has become a common-law dependency claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the relationships and the cause of death, using a firm-controlled tool, table the dependant and family classes the WorkSafe page states, and mark that no current dollar amount was on the page. Do not calculate a sum. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Class each person as dependant, close family or immediate family only on the page's definitions.
- If the death was a heart attack, stroke or disease, record that the immediate package is not offered unless an accepted claim was being paid.
- Leave every dollar figure blank.
- Do not prepare a court application. The page says a Magistrate Court decides a payment to a child, a payment for a person with a disability, and a non-dependent hardship expense claim.
Sources
- WorkSafe Victoria: before making a work-related death claim · 2026-10-23
- Safe Work Australia 29th edition, table 5.4, death benefits · 2026-10-23
No generative-AI practice note of the Workplace Injury Commission, Medical Panels or a Victorian court was opened. Apply the forum's current direction before a document is lodged.
The 2023 comparison table states amounts and section numbers. It was not used. The page also mentions Centrelink, which is a different task.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.