Family of the breadwinner
Your family's main income earner was hurt or killed, and you do not know how you will manage.
Your family’s main income earner has been hurt or has died, and the money worries sit alongside the grief. They deserve a straight answer.
What applies to your family depends on which of two situations you are in.
If your breadwinner survived, but cannot work the same way
Where the person is recovering but their ability to earn has changed, this is usually addressed through their own injury claim. It can include income already lost and, where the effect is lasting, a claim for reduced future earning capacity.
Loss of earning capacity claims explains how this is assessed. No figure can be promised in advance.
If your family has lost your breadwinner
Where the person has died, a dependency claim allows certain family members, generally the spouse, parents and children, to recover the financial support the family has lost.[2] How a dependency claim works sets this out in full.
Does an EPF or insurance payout reduce the claim?
Many families hesitate to claim because they assume an EPF or insurance payout will be deducted. It generally is not.[3]
Does the driver’s fine help the family?
No. A fine or criminal penalty goes to the state, not to your family. Financial support comes through a separate civil claim brought on the family’s behalf.
The deadline
A dependency claim must generally start within three years of the date of death, and Malaysian courts treat this as an absolute limit.[1]
What to do when you are ready
Keep the death certificate, the police report, and any record of how the person supported the family. An independent lawyer can take on the family’s claim. For first contact, send only the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
Making a claim after a fatal accident covers the wider picture.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
My spouse survived but cannot work the same way anymore. What applies to us?
This usually falls under loss of earnings and, where the effect is lasting, loss of earning capacity, as part of their own injury claim. [Loss of earning capacity claims](/loss-of-earning-capacity-claim/) explains how this is assessed.
We lost our breadwinner. Who can bring a claim for our family?
Generally the spouse, parents and children of the person who died can bring a dependency claim.[2] Each family is a little different, so it is worth checking who in your case qualifies.
Will our EPF or insurance payout be deducted from what we receive?
No. Sums received from insurance, the Employees Provident Fund (EPF) or a pension are generally not deducted from a dependency award.[3] Some families hold back from claiming over this worry, which is not necessary.
The driver was fined by the court. Does that help us financially?
No, and this catches many families by surprise. A fine or criminal penalty goes to the state, not to your family. Financial support comes through a separate civil claim, brought on your family's behalf.
Sources
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.