The loss of a loved one in a work accident is a devastating experience. Apart from the emotional toll, it can also leave a family facing significant financial burdens. In New South Wales, there are avenues for claiming compensation to help alleviate some of the financial strain. This article will explore the process of claiming compensation for the death of a family member in a work accident, the eligibility criteria, and the role of legal experts in providing assistance.

What is a Death Claim?

Firstly, it is important to understand what a death claim entails. A death claim is a legal action that allows the dependants of a deceased worker to seek compensation for the financial losses resulting from the fatal work accident. These financial losses may include funeral expenses, loss of financial support, and loss of household and personal assistance.

When a loved one tragically passes away due to a work accident, the impact on the family can be devastating. Not only do they have to cope with the emotional loss, but they also face significant financial challenges.

However, death claims provide a ray of hope in such difficult times. They offer a legal avenue for dependants to seek compensation and support to alleviate the financial burden caused by the loss of their loved one. By filing a claim with the Personal Injury Commission, dependants can take the first step towards securing the financial assistance they need.

The Personal Injury Commission, a government body dedicated to resolving disputes related to workers’ compensation, plays a crucial role in the death claim process. They ensure that the dependants’ rights are protected and that they receive fair compensation for their losses.

It is important to note that death claims go beyond just covering funeral expenses. They also take into account the loss of financial support that the deceased worker provided to their dependants. This loss can have a significant impact on the family’s financial stability, making it difficult to meet daily expenses and maintain their standard of living.

Moreover, death claims acknowledge the loss of household and personal assistance that the deceased worker provided. Whether it was taking care of household chores, providing emotional support, or contributing to childcare responsibilities, the absence of these invaluable contributions can create a void that is not only emotionally challenging but also financially burdensome.

By seeking compensation through a death claim, dependants can receive the financial support they need to cover these various aspects of their loss. It is a way to ensure that they are not left alone to bear the financial consequences of a tragic work accident.

Who is a Dependant?

In order to be eligible to bring a death claim, an individual must be considered a dependant of the deceased worker. A dependant is typically a spouse, child, or parent of the deceased. However, it can also extend to other individuals who were financially dependent on the deceased at the time of the accident. The dependence can be financial, domestic, or personal.

When we talk about dependants, it is important to understand the different types of relationships that can qualify. Let’s start with spouses. A spouse, in the context of a death claim, refers to a legally married partner of the deceased. This includes both opposite-sex and same-sex marriages, as the law recognises the equal rights of all individuals in this regard.

Children, too, can be dependants. This includes both minor children and adult children who were financially dependent on the deceased at the time of their passing. Minor children are those who have not yet reached the age of majority, which varies depending on the jurisdiction. Adult children, on the other hand, may still qualify as dependants if they can demonstrate that they were financially reliant on the deceased.

Parents of the deceased can also be considered dependants, especially if they were financially dependent on their child for support. This is particularly relevant in cases where the deceased was the primary breadwinner of the family. In such situations, the loss of the deceased’s income can have a significant impact on the parents’ financial stability.

While spouses, children, and parents are the most common dependants, the scope of dependency can extend beyond these relationships. Other individuals who were financially dependent on the deceased at the time of the accident may also qualify as dependants. This could include siblings, grandparents, or even close friends who relied on the deceased for financial support.

Establishing the dependency relationship is crucial when making a death claim. It is not enough to simply assert that you were dependent on the deceased. Concrete evidence must be provided to support the claim of dependence. This evidence may include financial records, such as bank statements and tax returns, which demonstrate the financial reliance on the deceased.

Testimonies from family and friends can also be valuable in establishing the nature of the relationship and the level of dependence.

Additionally, any other relevant documentation that supports the claim of dependence should be included. This could include written agreements or contracts that outline the financial support provided by the deceased. Medical records or other evidence of personal or domestic dependence may also be relevant in certain cases.

How Long Does Death Claim Compensation Take?

 The duration of the death claim compensation process can vary depending on the circumstances of each case. Typically, it is advisable to file the claim as soon as possible to ensure the timely assessment and resolution of the matter. The Personal Injury Commission will review the claim and assess the evidence provided.

Upon reviewing the claim, the Commission may conduct an investigation and may request additional information and evidence from both the dependant and the employer. Evaluating the claim and reaching a resolution can take several months, and in complex cases, it may even take longer.

How our Law Firm, Gajic Lawyers Can Help

Dealing with the legal aspects of a death claim can be overwhelming, especially during such a challenging time. Engaging the services of an experienced law firm like Gajic Lawyers can provide the guidance and support needed throughout the process.

Gajic Lawyers have a dedicated team of experienced lawyers well-versed in workers’ compensation law in New South Wales.