Compensation for Death of Family Member

Issa Rabaya

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 3 July 2026

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

How much is the lump sum for an accidental death compensation claim after a workplace death?
A lump sum death benefit of $849,300 (as of 1 October 2021) can be awarded when a worker dies as a result of a workplace accident. If there is more than one dependant, the amount is apportioned between all parties. On top of the lump sum, dependants can also claim funeral expenses and, for dependent children, ongoing weekly payments.
Who can claim accidental death compensation in NSW?
You can claim if you were financially dependent on the person at the time of their death, either entirely or partially. Eligible relationships include a spouse, parent, step-parent, parent-in-law, grandparent, child, step-child, grandchild, sibling or half-sibling, or someone who took the role of a parent. Where more than 1 dependant claims, the $849,300 lump sum is divided between them.
What is the time limit for an accidental death compensation claim?
You must make a compensation claim for the death of your loved one within 3 years of the accident. Acting earlier is better, because evidence such as the police report, witness details and medical records is easier to gather soon after the event, and support payments can start sooner for your family.

funeral putting flowers

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

motor vehicle on a road in sydney

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?

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?
A lump sum death benefit of $849,300 (as of 1 October 2021) can be awarded when a worker dies as a result of a workplace accident. If there is more than one dependant, the amount is apportioned between all parties. On top of the lump sum, dependants can also claim funeral expenses and, for dependent children, ongoing weekly payments.
Who can claim accidental death compensation in NSW?
You can claim if you were financially dependent on the person at the time of their death, either entirely or partially. Eligible relationships include a spouse, parent, step-parent, parent-in-law, grandparent, child, step-child, grandchild, sibling or half-sibling, or someone who took the role of a parent. Where more than 1 dependant claims, the $849,300 lump sum is divided between them.
What is the time limit for an accidental death compensation claim?
You must make a compensation claim for the death of your loved one within 3 years of the accident. Acting earlier is better, because evidence such as the police report, witness details and medical records is easier to gather soon after the event, and support payments can start sooner for your family.
What weekly payments can dependent children receive after a fatal workplace accident?
Up to $152.00 per week can be awarded for each dependent child up to the age of 16, or up to 21 if they remain in full-time education. These weekly payments sit alongside the lump sum death benefit and funeral expenses, and they are paid per child, so a family with several children receives a payment for each one.
Does accidental death compensation cover funeral expenses?
Yes. Up to $15,000 can be paid to organise the funeral. This can include transportation costs, cemetery site costs, the death certificate, and professional and service fees. To claim, you will generally need to provide the police report about the incident, information from the employer and witnesses, and the death certificate with any autopsy report and medical records.
Can I claim accidental death compensation if my loved one was at fault in a car accident?
You may still be entitled to compensation, but the amount may be reduced if your loved one was partially or completely at fault. The 3 main factors that create fault are driving under the influence of drugs or alcohol (or travelling with a driver who is), driving over the speed limit, and not wearing a seatbelt or helmet. Claims go to the CTP insurer of the vehicle involved.
Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

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.

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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 $47M+ 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.

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