Dependency Claim Victoria – Recent Changes to WorkCover Death Benefits
When a loved one dies because of a workplace injury or illness, the emotional and financial impact on a family can be devastating. In Victoria, the law provides financial support to eligible family members through dependency claims and WorkCover death benefits.
Recent reforms to the Workplace Injury Rehabilitation and Compensation Act 2013 have expanded these entitlements, extended payment periods, and introduced new benefits such as forensic cleaning costs and lump sums for grief and loss.
If you are dealing with the loss of a loved one, knowing your rights under the Victorian WorkCover system can help you access all available workers compensation death benefits.
What Is a Dependency Claim in Victoria?
A dependency claim in Victoria is a legal claim made by family members or other dependants of a worker who has died as a result of a work-related injury or illness. These claims are handled under the Victorian WorkCover scheme and most are administered by WorkSafe Victoria.
They can include:
- Lump-sum compensation for dependents, including partners and children
- Lump-sum compensation for family members’ grief and loss
- Ongoing weekly pensions for dependent partners and children
- Payments for funeral, burial and cremation expenses
- Payments for therapy, support services, and other costs related to the death
Recent Changes to WorkCover Death Benefits – At a Glance
The 2025 legislative amendments include:
- Lump-Sum for Grief and Loss Payment – $10,000 to each eligible close family member.
- Lump-Sum for Other Economic Dependents – Up to $20,000 for non-partner/child dependents, in addition to partner/child benefits.
- Increased Therapy & Support Cap – Raised to $10,000, and includes eligible therapy and other supports, not just counselling.
- Forensic Cleaning Entitlement – Covers reasonable cleaning costs if the death occurred at home or on family property.
- Higher Pensions for Dependent Children – 12.5% of the deceased’s pre-injury weekly earnings for up to 4 children (or equal share of 50% of pre-injury weekly earnings for 5+ children).
- Extended Provisional Payments – The period for provisional payments of the dependant partner’s pension has increased from 13 to 26 weeks. Therapy, support, and cleaning expenses can also be accessed provisionally.
- Time Limits– 2-year limit for grief and loss claims.
Who Can Make a Dependency Claim in Victoria?
You may be eligible to claim WorkCover death benefits if you were:
- A partner or spouse of the deceased worker
- A dependent child, including adopted or step-children
- A parent, guardian, or grandparent experiencing grief and loss
- A sibling experiencing grief and loss
- Someone with a genuine personal relationship and financial dependence on the deceased
The benefits vary depending on each person’s relationship to the deceased, so it is important to seek advice early.
How to Lodge a Dependency Claim – Step-by-Step
- Seek Legal Advice Early
- A Victorian personal injury lawyer can confirm your eligibility for WorkCover compensation and ensure all entitlements are claimed.
- Collect Evidence
- Proof of relationship, dependency, medical reports, and receipts for therapy or forensic cleaning.
- Lodge the Claim
- Dependency claims, including claims for the grief and loss payment, must generally be made within 2 years. Your lawyer can assist with claim lodgement.
- Assessment and Payment
- WorkSafe or the insurer will assess your eligibility and determine the benefits payable. If there is a dispute, your lawyer will work to resolve the matter and achieve a fair settlement.
Dependency Claim Victoria – FAQs
Q: What is the maximum lump sum available for dependent partners and children?
As of 1 July 2025, the current maximum lump sum payable is $759,510. This amount is shared among all eligible dependent partners and children. There are strict rules around how the lump sum is split.
Q: What is the grief and loss payment in VIC?
It’s a $10,000 lump-sum payable to each eligible close family member after a work-related death.
Q: Do Dependency benefits cover suicide-related deaths?
You may be able to seek dependency benefits where there has been a work-related suicide death. The recent changes also ensure provisional payments and benefits apply to suicide-related deaths linked to work. The laws relating to mental health injuries in the workplace are complex, so it is worthwhile obtaining legal advice early.
Q: Can I get both a lump-sum and ongoing pension?
Yes. You may receive multiple forms of WorkCover death benefits, depending on your circumstances.
Q: How long do I have to claim?
You generally have 2 years from the date of death to claim dependency benefits or the grief and loss payment.
Why Get Legal Help With a Dependency Claim?
Dependency claims often involve complex eligibility rules and strict timeframes. An experienced personal injury lawyer in Victoria can:
- Identify all possible WorkCover entitlements
- Handle negotiations with the insurer
- Avoid missed deadlines
- Represent you in disputes
Why Choose Fortitude Legal?
The recent reforms to dependency claims in Victoria mean families now have greater access to WorkCover death benefits, higher pensions, and new support payments. However, navigating the claim process can be complex – especially when you’re coping with loss.
At Fortitude Legal, we specialise in Victorian personal injury and WorkCover claims. We understand the emotional and financial challenges families face after a workplace tragedy, and we combine compassion with proven legal expertise to protect your rights.
We will:
- Explain your entitlements in clear, simple terms
- Manage all dealings with WorkSafe and insurers
- Ensure no payment or benefit is overlooked
- Fight to secure the maximum outcome for your family
Book Your Obligation-Free Consultation Today
If you have lost a loved one due to a work-related injury or illness, we express our deepest sympathies. We invite you to contact Fortitude Legal today for expert advice and dedicated support in securing the compensation you deserve.
Contact Fortitude Legal on 1300 020 618 or via email to book your no-obligation consultation today.
Article written by: Jenna Amos
14 August 2025
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Jenna combines a decade of national legal practice with high-level policy experience as a former Senior Advisor to the Victorian Minister for Workplace Safety. She played a key role in developing Victoria’s industrial manslaughter laws, bringing unparalleled legislative insight and empathy to her advocacy for injured individuals.
