Claiming for a deceased family member

Certain family members of a worker who has died from an asbestos-related disease may be eligible for compensation if:

  • that person is a member of the family of a worker who has died from an asbestos-related disease; and
  • the deceased worker would have been eligible for compensation if they were still alive.

Submit an application

If a family member has died of suspected asbestos-related disease, you can complete the following application form and submit this to the Asbestos Compensation Commissioner (along with all evidence required ) within 12 months of their death.

A member of the family of the deceased worker is defined (under the laws) as:

  • a spouse of the person, or
  • a person who has not attained the age of 22 years and who is

i. a natural child of the person; or

ii. a child who has been adopted by the person; or

iii. a stepchild nominated by the worker. 

Timeframes

You have 12 months to apply for compensation from the time of your family member's death.

However, if you have been unable to submit the application within the specified time frame, you can apply to the Commissioner. The Commissioner must be satisfied that there was a reasonable cause for the failure to make an application for compensation within the 12 month period.

Forms and information

Form 2: Asbestos-Related Diseases - Claim for Compensation (Member of the Family) (pdf, 1.3 MB)

Form 5: Extension of time to lodge an application (pdf, 311.4 KB)

Flowchart - Member of family of deceased worker application process (pdf, 200.9 KB)