---
title: "Record who can claim Victorian statutory benefits after a work-related death"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-statutory-death-benefits-for-a-deceased-worker-s-dependants/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WC20261023-20-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Record who can claim Victorian statutory benefits after a work-related death

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-statutory-death-benefits-for-a-deceased-worker-s-dependants/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 | 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. |
| Written for | Victoria |
| Applies to | [Record statutory death benefits for a deceased worker's dependants](https://ailawframework.com/practice/personal-injury-and-compensation/record-statutory-death-benefits-for-a-deceased-worker-s-dependants.md) |

## Checking plan

**Verify against sources**

A dependant relied to some extent on the worker's income. Partners, children, some other family members and some non-family members are described. Grief-and-loss close family and immediate family are different lists. The immediate support package is refused for a heart attack, stroke injury or disease unless compensation was already being paid on an accepted claim. Tax is not deducted from the lump sum. The page says some entitlements are decided by a Magistrate Court, using that spelling: a child, a person with a disability, and a non-dependent person claiming expenses because of financial hardship. A decision can take up to 90 days or more.

- What the AI does: 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 does: The lawyer decides the legal question, checks the sources, and authorises anything the family or the insurer will receive.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Class each person as dependant, close family or immediate family only on the page's definitions.
2. 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.
3. Leave every dollar figure blank.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria, WorkSafe page on a work-related death claim

**Deliverable**: A dependant table with amounts left unstated.

**Inputs**

- 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**: 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 escalate when**

- A dollar amount would have to be taken from the 2023 table.
- The task has become a common-law dependency claim.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: before making a work-related death claim](https://www.worksafe.vic.gov.au/making-work-related-death-claim) (checked 2026-10-23)
- [Safe Work Australia 29th edition, table 5.4, death benefits](https://www.safeworkaustralia.gov.au/book/comparison-wc-arrangements-29ed/chapter-5/table-5_4) (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.*