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Workers Compensation

Workplace death compensation claims.

If your loved one has died in a workplace Injury, you may be eligible to claim workers compensation for your loss.

At Wyatts Lawyers, our workers compensation lawyers help people get rightful compensations for their deceased loved ones. Our lawyers assess each case personally, ensuring every client gets maximum compensation and recover in peace.

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Am I Eligible to Make a Fatal Workplace Injury Claim?

You may be eligible for a fatal workplace Injury claim if your loved one has lost their life in a workplace incident. In the event of a fatal workplace Injury, three groups of people may be eligible to seek compensation:

  • Spouses, civil, or de facto partners of the deceased worker
  • Family members or financial dependents who relied on the deceased for support
  • Individuals who suffered psychological injury due to the , such as colleagues, first responders, or close relatives

Each category may have different legal avenues for compensation, depending on the circumstances of the Injury and the extent of their loss or injury. At Wyatts, our professional workers compensation lawyers will ensure you get maximum compensation for the wrongful death of your loved ones.

Types of Fatal Workplace Injury Claims

Compensation claims for fatal workplace Injurys fall into two main categories:

Dependency Claims

Financial dependents of the deceased may be eligible for compensation to cover lost financial support and other economic impacts. Eligible claimants typically include:

  • Spouses, de facto partners, or civil partners
  • Children under 18
  • Adult children who were financially dependent, such as those receiving support for education

Dependency claims can be filed with workers compensation for workplace-related deaths or work-related illnesses. Alternatively, dependents may pursue a wrongful death claim in court if negligence contributed to the death. To succeed, claimants must prove:

  • A duty of care was owed to the deceased
  • That duty was breached through negligence
  • The negligence directly caused the death
  • The death was a foreseeable outcome of the breach

In workplace cases, employers are often liable. However, in work-related vehicle Injurys, the negligent driver may be responsible, and a claim can be made against their insurer.

Psychological Injury (Nervous Shock) Claims

Traumatic workplace incidents can cause psychological injuries such as depression, anxiety, or PTSD in those affected. Eligible claimants include:

  • Colleagues who witnessed the Injury
  • First responders or co-workers who provided assistance
  • Close family members, including dependents, siblings, or adult children

These claims cannot be filed through workers compensation and must be pursued as common law claims, usually requiring proof of negligence. Compensation depends on the impact of the psychological injury, including lost income and medical treatment costs.

If you believe you have a fatal workplace claim, consulting a personal injury or workers compensation lawyer can help assess your eligibility and guide you through the process.

What Compensation Can I Claim for Injury Resulting in Death?

The compensation awarded in a fatal workplace Injury claim depends on the type of claim being made. There are two primary types:

Types of Claim Entitlements

Workers compensation claim by dependents

This is a statutory claim providing financial support to the deceased worker’s dependents. The payout can be issued as a lump sum or in periodic payments.

It includes:

  • Funeral expenses – The cost of burial or cremation is usually reimbursed.
  • Loss of financial support – Dependents may receive a payout based on their level of reliance on the deceased’s income.
  • Periodic payments for dependants – If applicable, ongoing financial support may be provided to dependents.

Lump Sum Payout

A legal claim pursued when negligence contributed to the worker’s death, covering financial and non-financial losses. Unlike workers compensation, the court determines the settlement amount based on several factors, including:

  • Loss of economic support – The court evaluates the deceased worker’s earnings and how much of that income supported dependents.
  • Medical expenses – Any medical costs incurred before the worker’s passing, including hospitalization and treatments, may be included in the claim.
  • Funeral costs – Similar to workers’ compensation, a common law claim may seek reimbursement for funeral and burial expenses.
  • Loss of services – If the deceased worker provided household services such as childcare, home maintenance, or caregiving, compensation may include the cost of hiring professionals to replace those services.

The amount awarded is set by legislation and considers factors such as the number of dependents, their age, and their financial dependence on the deceased worker. A spouse or partner with dependent children is likely to receive a higher payout than a partially dependent relative.

Common law claims generally result in higher payouts than standard workers compensation claims, as they account for additional damages, including emotional distress and loss of companionship. However, proving negligence is required, which may involve a legal process to establish liability.

Our experienced workers compensation lawyers can guide you through the claims process and ensure you receive all the benefits you’re entitled to. Contact Wyatts Lawyers at 1800 773 880 to get your free claim check.

How Do I Claim Compensation for a Fatal Workplace Injury?

When a death occurs at a workplace or as a result of a work injury, NSW Police and Safework NSW are automatically notified. If you are a spouse or dependent, contact our compensation team as soon as possible so we pay notify the workers compensation insurance company of your claim for death benefits including funeral expenses, weekly payments and lump sum.

If you need assistance, our workers compensation experts are ready to guide you every step of the way. Contact Wyatts at 1800 773 880.

How Long After a Fatal Workplace Injury Can I Make a Claim?

Time limits for filing work injury claims can differ depending on the laws in your region, so it’s crucial to seek legal advice as soon as possible. It’s also important to report the incident to the employer and the workers compensation authority promptly, ideally within six months of the worker’s death. For court claims (or common law claims), you may have up to three years.

Our expert work injury lawyers are here to guide you through the process and ensure you meet all necessary deadlines. Reach out to us at 1800 773 880 for assistance today.

HOW TO GET STARTED

It can be overwhelming to think about making a fatal workplace Injury compensation claim, especially while you are dealing with physical injuries, pain, and stress. Let us make it easier for you and handle your workers compensation claim on your behalf while keeping you fully informed every step of the way.

The process can be complicated, but we’ve done this for thousands of people just like you. We make it easy for you to get started and find out if you can make a workers compensation claim after a fatal Injury.ers compensation claim after a shoulder or arm injury.

01

CONTACT WYATTS

Tell us about your claim. We’ll listen to you and take the time to get to know you so we can fully understand your situation, injuries and needs.

02

YOUR ELIGIBILITY

We will explain in simple terms what you are entitled to based on what you have told us. Then we’ll offer to get started working on your behalf.

03

WE GET STARTED

You decide if you would like one of our CTP compensation lawyers to start your case. Then we get to work for you.

WYATTS MAKES IT EASY

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How we helped Mr. G after a severe workplace injury.

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Get Your Rightful Fatal Workplace Compensation Today

We are here to help—Contact Wyatts’ workers compensation lawyers now to navigate the legal process smoothly and focus only on your quick recovery. Call us on 1800 773 880 or submit an enquiry below to get started!

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