How to Claim ReturnToWorkSA Death Benefits in South Australia
If a death was caused by a work-related injury or disease in South Australia, the surviving family is entitled to three separate statutory benefits through ReturnToWorkSA (RTWSA): a funeral expense reimbursement, a lump-sum dependency payment, and ongoing weekly dependency payments. These claims are entirely separate from the deceased's estate and do not require probate. They are governed by the Return to Work Act 2014 (SA), not the Succession Act 2023.
This page explains who can claim, what each benefit pays, and the step-by-step process for lodging a successful dependency claim.
The Three Separate RTWSA Death Benefits
The Return to Work Act 2014 (SA) establishes three distinct financial benefits for dependants of workers who die from a compensable work injury or disease. They must be claimed separately and follow different processes.
Benefit 1: Section 62 — Funeral Expense Reimbursement
ReturnToWorkSA reimburses reasonable funeral expenses up to an indexed maximum of $10,172 (as at 2025/2026). This benefit is straightforward compared to the others: you submit itemised funeral invoices and receipts to RTWSA. The payment goes to whoever paid the funeral costs — the estate, a family member, or a funeral insurance policy (which the estate would then be reimbursed through).
This claim should be lodged as early as possible, ideally within the first month. There is no hard statutory deadline for the funeral expense claim, but early lodgement prevents disputes about what counts as "reasonable" funeral costs.
Benefit 2: Section 61 — Lump Sum Dependency Payment
Section 61 provides a prescribed lump-sum death benefit, apportioned among qualifying dependants according to strict statutory formulas. The apportionment depends on who was financially dependent on the deceased at the time of death:
- Wholly dependent partner only: 100% of the lump sum
- Wholly dependent partner + one child: Partner receives 90%, child receives 10%
- Wholly dependent partner + two or more children: Partner receives 80%, children share 20% equally
- No partner, wholly dependent child only: 100% of the lump sum divided equally among dependent children
- Partially dependent persons: Apportionment is calculated based on the degree of financial reliance
The lump sum amount is indexed annually and set in the South Australian Government Gazette. You should confirm the current amount with RTWSA at the time of lodgement.
Benefit 3: Section 59 — Weekly Dependency Payments
In addition to the lump sum, wholly dependent family members are entitled to ongoing weekly payments calculated as a percentage of the deceased's notional earnings:
- Wholly dependent partner: A percentage of the deceased's average weekly earnings
- Non-orphaned dependent child: 12.5% of notional earnings per child
- Totally dependent orphaned child: 25% of notional earnings per child
These weekly payments continue until the dependent partner remarries or enters a de facto relationship, or until dependent children reach adulthood (subject to student exemptions).
Who Qualifies as a Dependant
RTWSA distinguishes between "wholly dependent" and "partially dependent" persons, and the distinction significantly affects the lump sum apportionment.
Wholly dependent means the person was entirely financially reliant on the deceased for their day-to-day living expenses at the time of death. A non-working spouse living in the family home and supported entirely by the deceased's income qualifies.
Partially dependent means the person relied on the deceased for a portion of their income or household expenses, but also had their own independent income. The partial dependency claim is calculated proportionally.
Eligible relationship categories include:
- Spouse or domestic partner (married, de facto, same-sex — all recognised)
- Children under 18 years (or older if in full-time education or unable to work due to disability)
- Any person who was wholly or partly financially dependent on the deceased
RTWSA will conduct a dependency assessment, which requires documentation of the financial relationship — bank statements, household expense records, and evidence of income for both the deceased and the claimant.
Step-by-Step Process for Lodging a RTWSA Death Claim
Step 1: Confirm the death is work-related.
The death must have been caused by a compensable work injury or disease under the Return to Work Act 2014. This includes acute traumatic workplace fatalities (falls, equipment accidents, workplace vehicle accidents), occupational disease deaths (mesothelioma from asbestos exposure, for example), and deaths where a pre-existing condition was significantly aggravated by work. If the causal link between the death and work is unclear, a formal determination may be required.
Step 2: Notify ReturnToWorkSA.
Contact RTWSA as soon as practically possible after the death. The employer must also be notified of a workplace fatality. RTWSA will assign a claims manager and provide initial guidance on the documentation required. Their contact number is 13 18 55.
Step 3: Obtain the death certificate.
The foundational document for all claims. Order through Consumer and Business Services (CBS) at SA.gov.au for $69.50 standard, or $118 with priority processing. You will need multiple certified copies — RTWSA, the ATO, superannuation funds, and other agencies each require their own copy.
Step 4: Gather dependency evidence.
RTWSA requires evidence of financial dependency. Prepare:
- Joint bank account statements for the 12 months before death
- Mortgage or rental agreements showing joint occupancy
- Evidence of the deceased's income (payslips, tax returns)
- Evidence of the claimant's income (or lack thereof)
- Birth certificates for dependent children
- Marriage or partnership registration documents (or statutory declarations for de facto relationships)
Step 5: Lodge the funeral expense claim (Section 62).
Submit itemised funeral invoices and receipts. Reasonable expenses up to $10,172 (indexed) are reimbursable. "Reasonable" generally includes funeral director fees, burial or cremation costs, cemetery or crematorium fees, and death notices. It does not typically cover wake catering, flowers beyond basic arrangements, or headstone costs beyond a modest standard.
Step 6: Lodge the Section 61 lump sum and Section 59 weekly payment claims.
These are lodged simultaneously through RTWSA's claims process. Your claims manager will provide the required forms. The dependency assessment takes place before the lump sum is finalised and apportioned.
Step 7: Respond to the dependency assessment.
RTWSA will review your financial evidence and issue a determination on dependency status and apportionment. If you disagree with the determination — for example, if you are assessed as partially dependent when you believe you were wholly dependent — you have the right to seek an internal review and, if that fails, to apply to the South Australian Employment Tribunal (SAET).
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What If RTWSA Denies or Disputes the Claim
RTWSA claims involving death benefits are sometimes disputed, particularly around:
- Causation: Whether the death was actually caused by a compensable work injury
- Dependency status: Whether the claimant qualifies as wholly or only partially dependent
- Apportionment: How the lump sum is divided among multiple dependants
If RTWSA issues a decision you disagree with, you have the right to request an internal review within a prescribed timeframe. If the internal review is unsuccessful, applications can be made to SAET. Given the complexity and financial stakes of disputed dependency claims, engaging a workers compensation lawyer is strongly recommended at the review or tribunal stage.
CTP Claims: When the Death Was a Motor Vehicle Accident
If the death was caused by a motor vehicle accident rather than a workplace incident, the correct claim pathway is through the at-fault driver's Compulsory Third Party (CTP) insurer (such as AAMI, Allianz, or QBE) under the Civil Liability Act 1936 (SA) — not through RTWSA.
CTP fatality claims cover:
- Reasonable funeral expenses
- Loss of financial dependency (the income the deceased would have provided over their working life)
- Domestic assistance services
- Solatium — compensation for grief and emotional suffering
Critically, solatium in South Australia is capped at $10,000 (indexed annually) under Section 23 of the Civil Liability Act 1936. This is not a typo. South Australia has one of the most restrictive solatium caps in Australia. The $10,000 cap applies per eligible person (spouse or domestic partner, or parent of a minor child) and is indexed but remains very low compared to interstate equivalents.
Do not confuse a CTP claim with a RTWSA claim. If the deceased died in a motor vehicle accident while driving between work locations, both schemes may apply — the CTP insurer for the vehicle accident, and RTWSA if the journey was in the course of employment. A workers compensation lawyer can advise on overlapping entitlements.
Who This Is For
- Spouses and domestic partners of workers who died from a workplace injury or disease in South Australia
- Dependent children (biological, adopted, or step-children who were financially dependent) of workers who died in compensable incidents
- Parents or other persons who were financially dependent on the deceased worker
- Executors or administrators of the estate of a worker who died from an occupational disease, helping the family understand which claims to lodge and with whom
- Anyone dealing with a death that occurred in a motor vehicle accident and needs to understand the SA CTP scheme
Who This Is NOT For
- Families where the death was not connected to employment or a motor vehicle accident
- Situations where the deceased was self-employed (complex rules apply for independent contractors — legal advice recommended)
- Cases where the work-related injury is disputed and the causal connection is unclear (a workers compensation lawyer should be engaged early)
- Dependants outside Australia — additional complications apply to non-resident claimants
Tradeoffs
Pursuing RTWSA claims directly:
- No cost to lodge the claim — RTWSA manages the process
- Risk of undervaluation of dependency or incorrect apportionment without legal guidance
- Delay risk if documentation is incomplete
Using a guide to prepare:
- Understand what to expect before your first RTWSA conversation
- Know the statutory apportionment formulas so you can verify the calculation
- Understand the appeal pathway before you need it
Engaging a workers compensation lawyer:
- Appropriate if the claim is disputed or if causation is not straightforward
- Generally work on contingency for death benefit claims (no upfront cost)
- Essential for tribunal proceedings
Frequently Asked Questions
How long does a RTWSA death benefit claim take? Straightforward claims with clear evidence of employment, a compensable cause of death, and documented dependency typically settle within 3–6 months. Disputed causation or dependency disputes extend this significantly, and tribunal proceedings can take 12–24 months.
Does RTWSA pay the weekly dependency payments automatically? No. You must lodge a claim for weekly dependency payments (Section 59). Once approved, they are paid on an ongoing basis until the eligibility conditions end (e.g., the dependent partner remarries).
Can I claim RTWSA benefits and still make a superannuation death benefit claim? Yes. RTWSA benefits are entirely separate from superannuation death benefits. Superannuation funds have their own claims process and are not affected by a RTWSA compensation payment.
What if multiple family members are claiming — how is the lump sum divided? Under Section 61, the apportionment formula is set by statute. RTWSA applies the formula and apportions the payment directly. If there is a dispute between family members about who qualifies or what percentage they should receive, SAET is the forum for resolution.
Is the RTWSA lump sum taxable? No. Workers compensation death benefits received directly by dependants are not assessable income for tax purposes.
Where to Get Further Help
The South Australia Survivor Benefits Navigator covers the RTWSA claims process in detail alongside the full suite of federal and state benefits — Centrelink, superannuation, DVA (if the deceased was also a veteran), and ConcessionsSA. It includes the dependency evidence checklist, the statutory apportionment formulas in plain English, and the agency contact details and forms for each component.
For disputed RTWSA claims or CTP fatality matters, engage a specialist workers compensation or personal injury lawyer as early as possible.
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