There are a variety of circumstances where you may be entitled to wrongful death claims, including if a family member:
- Dies in a workplace accident
- Dies in a motor vehicle accident due to the negligence of another person, or
- Dies in a public place or on someone’s private or commercial premises where the occupier of the premises has been negligent
If an employee dies at work, the dependents of the employee (e.g. their partner and children) may be entitled to a lump sum death benefits claim. WorkCover may also make ongoing payments for the additional needs of any children of the deceased employees, such as schooling. Additionally, a common law claim for damages may be brought against the employer if negligence can be shown as a cause of the death.
If a person dies in a motor vehicle accident, the dependents may be entitled to compensation against the compulsory third party insurer of the driver at fault. If the person dies in public or on commercial or private property, negligence must be proven against the owner of the property, which may be a business, the government or an individual.