Who can receive compensation in a fatal work accident?

Relatives who lost support (spouse, children, parents, siblings and those receiving de facto support) and heirs (for funeral costs) may claim compensation.

What happens if the employer is grossly negligent?

If gross negligence is found, the SGK capitalized value offset does not apply and the employer is liable for the entire compensation.

Fatal Work Accident Compensation 2026 — Loss of Support

Q: Is the SGK death pension offset?

Yes. The death pension awarded by the SGK to the beneficiaries is offset against the loss of support compensation on the basis of the capitalized value (Law No. 5510 Art. 21).

Q: To whom are non-pecuniary damages paid?

Non-pecuniary damages are paid to the relatives of the deceased (spouse, children, parents, siblings) under TCO Art. 56. Entitlement and the amount are determined according to the degree of kinship.

In a fatal work accident, compensation claims fall into two groups: those who lost support (pecuniary damages) and the relatives of the deceased (non-pecuniary damages). The heirs are the claimants for funeral costs.

What is fatal work accident compensation?

If the employee dies as a result of a work accident, pecuniary damages are claimed under TCO Art. 53 and non-pecuniary damages under TCO Art. 56. The claim is directed against the employer; the SGK capitalized value is offset (except in case of gross negligence).

Heads of claim

Item	Claimant	Legal basis
Funeral and burial costs	Heirs / the person who bore the costs	TCO Art. 53/1
Losses caused by the death	Heirs	TCO Art. 53/2
Loss of support	Supported relatives	TCO Art. 53/3
Non-pecuniary damages	Relatives of the deceased	TCO Art. 56

Who can claim?

Loss of support: Spouse, children, parents, siblings and those receiving de facto support.
Non-pecuniary damages: Relatives of the deceased (spouse, children, parents, siblings).
Funeral costs: The heirs or the person who actually bore the costs.

Non-pecuniary damages

Under TCO Art. 56, in case of death, the relatives of the deceased may claim non-pecuniary damages. The amount is at the judge's discretion; however, the following criteria are taken into account:

Degree of kinship
Age of the deceased
Conditions on the accident date
Severity of the employer's fault
Economic situation of the parties

Note: As a rule, non-pecuniary damages are assessed separately for each entitled person. Spouse, children and parents may receive different amounts.

Caution: A certificate of heirship is not required for a non-pecuniary damages claim; the relationship of kinship is sufficient. However, a claim of de facto support requires proof.

Statute of limitations

TCO Art. 72: 2/10 years. If the act constitutes the offense of negligent homicide, the extended criminal statute of limitations (15 years) applies (TPC No. 5237 Art. 85).

Frequently asked questions

Who can receive compensation?

Those who lost support (pecuniary) and the relatives of the deceased (non-pecuniary). The heirs for funeral costs.

Is the SGK death pension offset?

Yes, it is offset on the basis of the capitalized value. In case of gross negligence, the offset does not apply.

To whom are non-pecuniary damages paid?

To the relatives of the deceased (spouse, children, parents, siblings). The amount is at the judge's discretion.

What is the statute of limitations?

TCO Art. 72: 2/10 years. If the act constitutes an offense, it may be extended up to 15 years.

Can a fiancé(e) receive compensation?

If there is a concrete support relationship, yes, they may claim loss of support compensation.

Fatal Work Accident Compensation