Compensation for Death of Family Member
Written by
Principal Lawyer and Director · Last updated 31 August 2026
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Key takeaway: If you were financially dependent on a family member who died in a workplace or motor vehicle accident, you can claim accidental death compensation. The workplace lump sum death benefit is $849,300, plus $152 per week for each dependent child and up to $15,000 in funeral expenses. Claims must be made within 3 years.
Accidental Death Compensation: Quick Answers
Grieving is a tough and emotional experience but losing a loved one suddenly may add to the stress by causing financial hardship or having a severe psychological impact. When a loved one passes away suddenly or prematurely, members of the family who were economically dependent on them are sometimes left abandoned. You may be entitled to receive workplace accident compensation, motor vehicle accident compensation or medical negligence benefits for the death of your family member.
For workplace accident
Entitlements
You may be entitled to compensation if you are a relative or dependant of someone who died as a result of a motor vehicle accident. Your entitlements may include:
- Funeral expenses
- Loss of financial support & service
- Medical expenses
- Loss of earnings
You can access relevant pages below for further details:
Lump sum payment
$849,300 can be awarded as of 1 October 2021 by way of lump sum death benefit payments. If there is more than one dependent, then the amount will be apportioned between all parties.
Weekly payments
Up to $152.00 per week can be awarded for each dependent child up to the age of 16, and/or 21 if they are in full-time education.
Funeral expenses
Up to $15,000 can be paid to organise the funeral which may include transportation costs, cemetery site costs, death certificate, and professional & service fees.
Who is a dependent?
You are a dependant if you were financially dependent on someone at the time of their death, either entirely or partially, and you played the role of their spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, kid, step-child, grandchild, sibling, or half-sibling, or you took the role of their parent, or they took the role of your parent.
What to provide?
In order to claim funeral expenses and support payments, you may need to provide:
- Police report regarding the incident
- Information from the employer and witnesses
- Death certificate, autopsy report and medical records
For motor vehicle accident
Entitlements
You may be entitled to compensation if you are a relative or dependant of someone who died as a result of a motor vehicle accident such as a car and motorcycle accident. Your entitlements may include:
- Funeral expenses
- Loss of financial support & service
- Medical expenses
- Loss of earnings
Eligibility
You may be entitled to accidental death compensation if your loved one was not, partially or completely at fault. If he/she is partially or completely at fault, the amount of the compensation benefits may be less.
Which factors make you partly or fully at fault?
- Driving under the influence of drugs and alcohol or travelling with a driver who is under the influence of alcohol or drugs
- Driving over the speed limits
- Not wearing a seat belt in the car/bus/truck or helmet on the motorcycle/bike
Time limits
You must make a compensation claim for the death of your loved one within 3 years after the accident.
How to claim?
- Report the accident to the police
- Get the registration number of other vehicle(s)
- Fill out the motor accident compensation to relatives claim form and send it to the CTP insurer
Get free legal advice
Whilst filing an accidental death compensation claim will never completely cove what had happened, it may assist you in regaining economic security, obtaining practical assistance in your home, or obtaining necessary mental health care and support. Our knowledgeable and compassionate personal injury lawyers in NSW and WA are able to give you personalised legal guidance and walk you through each stage of the claiming process so you can get the compensation to help you get up and live your best life. Reach us on 1800 952 898 or fill in the form below.
Accidental Death Compensation FAQs
How much is the lump sum for an accidental death compensation claim after a workplace death?
Who can claim accidental death compensation in NSW?
What is the time limit for an accidental death compensation claim?
What weekly payments can dependent children receive after a fatal workplace accident?
Does accidental death compensation cover funeral expenses?
Can I claim accidental death compensation if my loved one was at fault in a car accident?
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Accidental Death Compensation Claim?
Losing a family member suddenly is one of the hardest things a person can face, and Withstand Lawyers treats every accidental death claim with the care and patience your family deserves. For decades, Withstand Lawyers has stood beside families dealing with the most serious injuries and losses, recovering $60M+ for clients with a 99% success rate. Every claim runs on a no win no fee basis, so there are no upfront costs while you grieve. Withstand Lawyers handles the insurer, the paperwork and the deadlines quietly in the background, so your family can focus on each other.
Call 1800 952 898 for a free claim check. No win, no fee, no upfront costs.
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground. Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.” “Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.” “Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims. Minaa Mohmand Special Counsel Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD. Mihana Wen Associate Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach. Isabel Sarcia Senior Lawyer Lawyer with 6 years' experience since 2020, working exclusively in TPD and superannuation claims, necessary because these claims turn on strict super fund definitions and procedure that few generalist lawyers see day to day. Specialises in lodging TPD claims efficiently, cutting through fund delays so claims are accepted faster and in full. Maria Drosos Associate Lawyer with 6 years' experience since 2020, working exclusively in TPD and superannuation claims, necessary because these claims turn on precise policy wording and medical evidence that few generalist lawyers handle daily. Specialises in lodging TPD claims efficiently, managing the insurer requests and medical reports that decide the outcome. Chenoa Ingram Lawyer · 4+ yrs experience Lawyer with 4+ years' hands-on experience in personal injury claims, built inside the firm before her 2026 admission, known for being organised and efficient in progressing clients' workers compensation, work injury damages, public liability and TPD claims. Lauren Bergan Lawyer · 4+ yrs experience4.9 ★ — 265+ Reviews
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