A worker died in a workplace accident. What can the family claim?

Losing a family member in a workplace accident is devastating, and the family often loses its main income at the same time. There are two possible sources of compensation: SOCSO (PERKESO) benefits and, where someone other than the employer was negligent, a civil claim. This guide explains both.

SOCSO dependants' benefit

If the deceased was an insured person under the Employees' Social Security Act 1969 (ESSA) and died as a result of an employment injury, dependants' benefit is payable at the rates in the Fourth Schedule (s.26):

• to the widow or widower for life (s.26(1)(a));
• to each child until marriage or age 21, whichever is earlier (s.26(1)(b)). Benefit may continue for a child who is incapable of supporting themselves, and PERKESO may continue it for a child in higher education, not beyond a first degree.

If there is no widow, widower or child, benefit is payable to the widowed mother and other dependants as defined in the Act (s.26(2)).

Funeral benefit is also payable on the death of an insured person from an employment injury (ss.15(d), 29). PERKESO sets the current rates; check the official portal.

Can the family sue the employer?

Section 31 says an insured person or their dependants are not entitled to recover compensation or damages from the employer or the employer's servants under any other law for an employment injury. So, in most cases, the family cannot sue the employer for negligence. The exception is a motor vehicle accident where the employer or its servant must be insured against third-party risks.

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A dependency claim against a third party

Where the death was caused by the negligence of someone other than the employer, such as a main contractor, site owner, occupier or equipment supplier, the family may bring a claim under section 7 of the Civil Law Act 1956:

• It is for the benefit of the deceased's wife, husband, parent, child and any person with disabilities under their care (s.7(2)).
• It is brought by the executor; if there is none, or the executor has not sued within six months, by any of the dependants (s.7(8)).
• Damages cover loss of support and reasonable expenses, including funeral expenses (s.7(3)), plus a fixed bereavement award for the spouse, children and parents (s.7(3A)–(3C)).
• SOCSO benefits, EPF, insurance, pensions and other statutory payments made on the death are not deducted (s.7(3)(i)).
• The action must be brought within three years after the death (s.7(5)).

The role of OSHA 1994

DOSH investigates serious workplace accidents and may prosecute breaches of the Occupational Safety and Health Act 1994. A prosecution is separate from the family's claim. OSHA duties do not themselves give a civil cause of action (s.59), but the investigation findings can help show what went wrong.

What should I do first?

1. Obtain the death certificate and post-mortem report.
2. Ask the employer to report the death to PERKESO and to give you the accident report.
3. Submit the SOCSO dependants' and funeral benefit claims.
4. Apply for letters of administration if there is no will, so someone can bring the civil claim.
5. Find out which companies were on site and who controlled the work.

Example

A scaffolder employed by a subcontractor dies after a crane operated by another company drops a load. PERKESO pays dependants' benefit to his widow and children. Section 31 prevents a claim against his employer, but the family brings a section 7 dependency claim against the crane company. The SOCSO benefit is not deducted from the damages.

Common mistakes

• Not claiming SOCSO because "the employer will handle it".
• Assuming no civil claim is possible because of section 31.
• Delaying letters of administration and missing the three-year provision in s.7(5).
• Not keeping receipts for funeral expenses.

When to speak to a lawyer

Speak to a lawyer soon after a fatal workplace accident, particularly if more than one company was involved on site. See our civil litigation page; you can also contact us.

Frequently asked questions

My partner and I were not legally married. Can I claim?

Both SOCSO and section 7 use defined categories of dependants. Whether you qualify depends on those definitions. Take advice.

The worker was a foreign national. Can the family overseas claim?

Possibly. Coverage depends on whether the worker was insured under ESSA, and a civil claim against a negligent third party may be available. See our article on foreign workers.

Who receives the bereavement award?

It is shared equally between the spouse, children and parents who claim it (s.7(3B), (3C)).

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Employees' Social Security Act 1969 (Act 4), AGC Laws of Malaysia
2. Social Security Organisation (PERKESO / SOCSO), official portal
3. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
4. Occupational Safety and Health Act 1994 (Act 514), AGC Laws of Malaysia
5. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 18 Oct 2026