Did you know that you may be entitled to compensation if you have lost a loved one as a result of an accident or the negligence of another party?
Brand Barristers & Solicitors are experts in this area of law having previously represented clients who have lost loved ones due to workplace accidents, motor vehicle accidents, bicycle accidents, boating accidents, aircraft accidents, accidents in public places or on private property or as a result of medical negligence or criminal offences.
When a worker has died as a result of a work-related injury, a claim for compensation can be made by the worker’s dependant(s) pursuant to the Workers Compensation and Injury Management Act 2023 (WA).
The following entitlements are available to dependent(s):
- a lump sum entitlement
- a regular allowance for dependent children
- funeral expenses up to a statutory maximum amount (also available to non-dependants)
- the worker’s reasonable medical and health expenses resulting from the workplace injury prior to the worker’s death (also available to non-dependants).
See the Workcover WA factsheet here for some general information in relation to making a claim following a workplace fatality.
If you have lost a close relative or partner as a result of someone else’s negligence and you received financial or other support (including support in the home) from that person, or incurred expenses for their medical treatment or funeral, you may be able to make a claim under the Fatal Accidents Act 1959 (WA).
You may also be entitled to claim compensation if you have suffered psychological injury as a result of the wrongful death of a loved one.
Examples of fatal accident claims
John’s accident
We represented John’s* young family after he sadly lost his life following a workplace accident. We assisted John’s de facto partner and two young children with a claim for statutory entitlements via Workcover WA. This case involved gathering evidence to support that John’s partner met the definition of a ‘de facto’ partner and that John’s partner and children were wholly or partly dependent on John’s earnings at the time of his death.
We prepared an application for arbitration and secured orders for compensation and the child benefit allowance payable to John’s partner and his two sons. The compensation payable to John’s sons will be held in trust until their 18th birthdays.
Jean’s accident (Based on the Edmonds Claim)
We represented Jean’s* family after she was tragically killed when she was hit by a bus while cycling with her husband.
In this case, it was necessary gather evidence supporting Jean’s accident and subsequent death was caused by the driver of the bus.
We represented Jean’s husband in his claim for loss of dependency on Jean’s wages and assistance around the home and a separate personal injury claim for psychiatric injuries he suffered following witnessing the tragic death of his wife.
We also represented each of Jean’s four children in relation to their individual psychiatric injury claims resulting from the sudden death of their mother.
Jake’s accident (Based on the Croys)
We represented Jake’s* children for claims for personal injuries following the tragic death of their father following a surgical complication.
In this case it was necessary to obtain expert evidence to support a finding of negligence against the surgeon and further expert evidence to support Jake’s children suffered psychological injuries as a result of the premature death of their father.
We understand the sensitive nature of these claims and the devastating effect the loss of a loved one can have on the lives of those left behind. We pride ourselves in conducting fatal accident claims with care and compassion, offering guidance and support to families through each step of the claim process.
Fatality claims can be complex and are often subject to investigation by the State Coroner.
Claims can also be brought on behalf of the estate of a deceased person, however the law in Western Australia restricts what can be claimed when pursuing a claim on behalf of a deceased person, which is why it’s important to seek expert advice which is tailored to your personal circumstances.
Strict time limits apply to the commencement of legal action in relation to fatality claims and we recommend that you contact us as soon as possible following the event. Your first consultation is obligation-free to assist you in determining if you have an eligible claim and the appropriate next steps.
Contact Brand Barristers & Solicitors today to make an enquiry.
*Names have been changed to protect client anonymity.