If you’ve been injured at work, you may
Losing a loved one to a workplace injury or illness is heartbreaking and the emotional toll is often compounded by financial stress.
If you were dependent on the person who died, you may be entitled to significant support through Victoria’s WorkCover scheme, including a lump sum payment, weekly pensions, and other benefits.
At PRD Compensation, we understand that no amount of money can ease the grief of losing someone. But knowing your rights and accessing the workers compensation lawyer you’re entitled to can bring some stability during a devastating time.
WorkCover is a compulsory insurance scheme that provides financial support to workers injured on the job—or to their families if the worker dies from a work-related injury or illness. Managed by WorkSafe Victoria, it includes compensation for lost income, medical costs, funeral expenses, and ongoing support for dependents.
If your partner or family member has died in a workplace accident or due to an occupational illness, you may be eligible for compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
The following people may be eligible to claim WorkCover death benefits:
Importantly, you do not need to prove that anyone was at fault to access these benefits. If negligence was involved, you may also be able to pursue a separate common law claim for damages.
Eligible partners and children may receive a lump sum payment of up to $713,780 (indexed annually, current as of 1 July 2023). This is a tax-free benefit and is shared among eligible dependents according to their level of dependency.
If you were wholly or partially financially dependent on your partner at the time of their death, you may also be eligible for ongoing weekly payments:
If you continue to have dependent children, weekly payments may extend beyond 3 years.
Children who were dependent on the deceased worker may also receive a weekly pension, starting from 14 weeks after the date of death, and continuing:
WorkSafe Victoria may also cover other important expenses and benefits for grieving families, including:
If your loved one’s death resulted from negligence by an employer, another party, or faulty equipment, dependents may also be eligible to bring a common law claim for damages. This is separate to the WorkCover death benefits and may significantly increase the compensation available.
A dependency claim must be lodged within two years from the date of death. If you’re unsure whether you’re eligible—or need more time due to exceptional circumstances—please seek legal advice as soon as possible.
Navigating the WorkCover system during a time of deep personal loss can be confusing and emotionally overwhelming. Our team at PRD Compensation is here to help you:
We’re not just here to offer legal advice—we’re here to support you as a human being experiencing real loss. We’ll stand beside you through every step.
At PRD Compensation injury lawyers, we’ve helped families across Victoria receive the full compensation they deserve after tragic workplace accidents. We combine deep legal expertise with a human-first approach—offering compassionate, practical guidance when it’s needed most.
If your partner or family member has died in a work-related incident, we may be able to help. Contact PRD Compensation today for a confidential consultation.
already be aware of your entitlement to weekly payments, medical expenses, and a potential impairment benefit through Victoria’s no-fault WorkCover scheme.
But what many workers don’t realise is that in certain circumstances, they may also be entitled to additional compensation through a common law claim — especially if their injury was caused by someone else’s negligence.
At PRD Compensation injury lawyers, we believe that justice goes beyond basic benefits. Here’s what you need to know about WorkCover common law damages, and how to determine if you may be eligible.
Common law damages are lump-sum payments designed to compensate you for your loss after a work-related injury caused by negligence. They go above and beyond the standard WorkCover benefits and are intended to reflect the full impact of the injury on your life and income.
There are two key categories:
These claims are separate from impairment benefits and weekly WorkCover payments.
Not every injured worker is eligible. To make a common law claim in Victoria, you must prove two things:
This term has a specific legal meaning. A “serious injury” typically refers to an injury that has a lasting and significant impact on your daily life.
It could include:
If you recover quickly and return to normal life with no long-term issues, you’re unlikely to meet this threshold.
Once “serious injury” is established, you receive a Serious Injury Certificate, which allows you to proceed with a common law damages claim.
To win your case, you must show that your injury was the result of another party’s failure to take reasonable care. This could include:
Negligence has three parts:
Even if your employer wasn’t at fault, you may still be eligible if another party (like a contractor or driver) caused the harm.
Unlike impairment benefits, there’s no set formula for common law damages. The amount depends on factors like:
That said, maximum caps apply under the law. Every case is unique, and past court decisions can help guide expectations — but nothing replaces a tailored legal assessment.
At PRD Compensation, we take a human-first approach to every case. We understand that a serious injury doesn’t just disrupt your income — it can shatter your sense of security and identity.
We’re here to guide you clearly through the complex process of proving negligence and claiming fair compensation. And we do it in plain English, with:
If you’ve been injured at work and suspect someone else was at fault, you may have the right to pursue common law damages in addition to WorkCover benefits. But these claims require clear legal advice and strong evidence.
Let PRD Compensation help you understand your rights and secure what you’re entitled to.
If you’ve suffered a serious injury at work, PRD Compensation may be able to help. Contact us for a free consultation.
For more information visit worksafe website
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