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:
$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.
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.
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.
- 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.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
