New South Wales Government

• What death benefits and funeral expenses are payable under the Workers Compensation Act 1987?
• What death benefits are payable under the Workers Compensation (Dust Diseases) Act 1942?
• What are the recent changes to the lump sum death benefits payable under the Workers Compensation (Dust Diseases) Act 1942?
• What are reasonable funeral expenses?
• Who is considered a “dependent”?

What death benefits and funeral expenses are payable under the Workers Compensation Act 1987? 

Death benefits payable from 24 October 2007

Dependants, or where there are no dependants, the estate, of a worker who dies on or after 24 October 2007 as a result of a workplace injury that occurred on or after 30 June 1987, are entitled to:

• a lump sum
• weekly payments for each dependent child (whether wholly or partly dependent)
• reasonable funeral expenses.

Death benefits payable from 30 June 1987 to 23 October 2007

Dependents of a worker who died before 24 October 2007, as a result of a workplace injury that occurred on or after 30 June 1987, are entitled to:

• the lump sum payment applicable at the date of death
• weekly payments to children who were financially dependent on the worker
• reasonable funeral expenses. 

Death benefits payable for a worker who dies as a result of injuries that occurred before 30 June 1987

Death benefits payable for a worker who dies as a result of injuries that occurred before 30 June 1987 include:

• a lump sum
• weekly payments for each dependent child.

What death benefits are payable under the Workers Compensation (Dust Diseases) Act 1942

The death benefits payable under the Workers Compensation (Dust Diseases) Act 1942 include:

• a lump sum
• weekly payments for:
  • a dependent spouse
  • each dependent child
• reasonable funeral expenses.  

What are the recent changes to the lump sum death benefit payable under the Workers Compensation (Dust Diseases) Act 1942?

A number of amendments to the lump sum death benefit payable under the Workers Compensation (Dust Diseases) Act 1942 commenced on 7 December 2010. These amendments:

• increase the lump sum death benefit payable to dependents of deceased workers from $245,700 (current amount payable) to $311,050. The increase will be made in three annual increments:
  • the first increment of $268,375 will be payable on commencement of the Workers' Compensation (Dust Diseases) Amendment Act 2010.
  • the second increment of $291,040 will be payable 12 months from the first increment
  • the final increment of $311,050 will be payable 24 months from the first increment
• enable the Dust Diseases Board to take into account the age of the worker when determining the amount of lump sum compensation to be paid to a dependant of the deceased worker.

The lump sum will not be indexed during this period. Indexation of the lump sum will recommence on 1 April 2013.

What are reasonable funeral expenses? 

Reasonable funeral expenses can include the:

• funeral director's professional fees
• cost of the funeral service (including cremation or burial)
• coffin 
• mourning car 
• cemetery site
• flowers 
• newspaper notice 
• death certificate. 

Who is considered a "dependent"? 

A dependent can be a family member who was totally or partially dependent on support by the worker at the time of the worker’s death.

Call 13 10 50 for more information about death benefits and funeral expenses.