TAC and WorkSafe Victoria Death Benefits: What Families Can Claim

If your partner or parent died in a workplace incident or motor vehicle accident in Victoria, two separate statutory systems — WorkSafe Victoria and the Transport Accident Commission (TAC) — may owe your family substantial financial compensation. The amounts involved are significant: WorkSafe dependency payments for deaths occurring after July 2025 can reach $759,510, while TAC lump sums can reach $229,980. Neither payment is automatic, and both require formal claims lodged within appropriate timeframes.

Understanding which system applies, what you're entitled to, and how to claim it is the focus of this article.

WorkSafe Victoria: Work-Related Death Benefits

WorkSafe Victoria administers compensation for deaths caused by workplace injuries or occupational diseases under the Workplace Injury Rehabilitation and Compensation Act 2013. If the deceased died as a result of a work-related injury — including conditions like silicosis, mesothelioma, or other occupational diseases — WorkSafe is the relevant body.

Dependency Lump Sum

For deaths occurring on or after 1 July 2025, the dependency lump sum is capped at $759,510, shared among all wholly or partially dependent family members. A "wholly dependent" partner who has no other income source receives the largest allocation. Partially dependent claimants — such as adult children who were financially supported but not fully reliant — receive a proportional share.

This is not an automatic payment. The family must lodge a 'Claim for Compensation Following a Work-Related Death' with WorkSafe. Evidence of dependency — joint bank statements, shared utility bills, proof of financial reliance — is required.

Grief and Loss Lump Sum

From August 2025, new reforms introduced a discrete grief and loss lump sum of $10,000 paid to each eligible close family member. Unlike the dependency lump sum (which is shared and reduced by the number of claimants), each qualifying family member receives the full $10,000 individually. This applies to spouses, de facto partners, children, and other close family members as defined by the legislation.

Ongoing Weekly Benefits

Weekly pension payments begin at 95% of the deceased's pre-injury average weekly earnings (PIAWE) for the first 13 weeks. From week 14 through to the three-year mark, this drops to 50% of PIAWE. These ongoing payments support the surviving family's household income while longer-term arrangements are made.

If there are dependent children, the weekly benefit payments continue until the child reaches age 25, provided they remain in full-time education.

Funeral and Medical Expenses

WorkSafe reimburses funeral and cremation expenses up to $15,230, plus repatriation costs up to $15,000 if the body needed to be transported. Reasonable medical expenses incurred by the deceased prior to death are also reimbursed without a set cap.

Family Counselling

A specific allocation of counselling support — separate from the grief lump sum — is available through WorkSafe-registered psychologists or social workers, covering the costs of mental health treatment for bereaved family members.

Transport Accident Commission (TAC): Motor Vehicle Death Benefits

The TAC administers compensation for deaths resulting from motor vehicle accidents in Victoria, or involving Victorian-registered vehicles interstate. Crucially, TAC benefits operate on a strict no-fault basis — eligibility is not affected by who caused the accident. A family whose loved one was at fault in a collision is still entitled to TAC benefits.

Dependency Lump Sum

The TAC provides a one-off lump sum of up to $229,980 (indexed annually) for wholly dependent partners and children. The specific amount is calculated based on the age of the deceased and family circumstances at the time of death — younger dependents with more years of financial reliance ahead of them receive higher amounts.

Ongoing Weekly Benefits

A surviving dependent partner may receive fortnightly ongoing benefits to replace lost earning capacity, payable for up to five years or until the survivor reaches Age Pension age. If the survivor has dependent children, these weekly benefits continue until the child reaches 25, provided they remain full-time students.

Funeral Expenses

The TAC covers funeral and burial expenses. Families should retain all receipts and submit them with the claim form.

Family Counselling

Up to $20,520 in family counselling is available, shared among eligible family members, delivered by registered psychologists or social workers.

Travel and Accommodation

The TAC covers travel and accommodation costs for immediate family members who need to attend the funeral, particularly if they live at a distance from where the death occurred.

How to Lodge a Claim

For WorkSafe: Contact WorkSafe Victoria directly and lodge a 'Claim for Compensation Following a Work-Related Death'. WorkSafe will assign a case manager who will guide the family through the evidentiary requirements. Because large amounts are involved and dependency disputes can arise, families dealing with complex situations should seek legal advice from a solicitor specialising in workers compensation.

For TAC: Lodge a Funeral and Dependency Benefits Claim Form via the TAC. The TAC website provides the form, and the process is generally more straightforward than WorkSafe because of the no-fault structure.

In both cases, the death certificate stating the cause of death is required — not just the standard death certificate. Births, Deaths and Marriages Victoria issues two types of death certificates; only the version that specifies the cause of death will satisfy TAC and WorkSafe. The certificate package from BDM Victoria costs $93.30 and includes both versions.

If Both WorkSafe and TAC Apply

In rare circumstances — for example, if a worker died in a vehicle accident while driving for work — both WorkSafe and TAC may have potential liability. These situations require legal advice, as the frameworks have different coverage rules and the family should not inadvertently accept a settlement from one scheme that forecloses rights against the other.

What WorkSafe and TAC Don't Cover

Neither WorkSafe nor TAC covers:

• Centrelink bereavement payments (handled by Services Australia)
• Superannuation death benefits (handled by the super fund and its trustee)
• Property transfers for the deceased's estate (handled through Land Use Victoria or the Supreme Court)
• Land tax obligations (handled by the State Revenue Office)

These are separate processes that run in parallel to any WorkSafe or TAC claim. The administrative burden of managing multiple simultaneous claims is one of the most challenging aspects of the post-death period for Victorian families dealing with work or traffic-related fatalities.

The Broader Survivor Benefits Picture

TAC and WorkSafe are Victoria's most financially significant statutory compensation systems, but they apply only when the death resulted from a specific type of incident. For families whose loved one died of illness, natural causes, or other circumstances, the relevant financial support comes entirely from Centrelink, superannuation, and the estate.

The Victoria Survivor Benefits Navigator covers both paths — the TAC and WorkSafe claim sequences for accident-related deaths, and the full estate administration and Centrelink benefit pathway for all other deaths. It includes the specific claim forms required by WorkSafe and TAC, the evidence checklists for proving dependency, and a timeline showing how all claims sequence alongside probate and superannuation.

See more Victoria guides →