6.1.2.2 Who can apply for entitlements

Any person

Any person who has incurred an expense for:

• medical and like services provided to the worker prioir to death

• the burial or cremation, including repatriation,

as a result of a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. death of a worker is eligible to claim the reasonable costs of those expenses.

See: Medical & like expenses | Burial or cremation

Family member

Any immediate or close family member In relation to a work-related death, a ‘close family member’ of a worker means a person who, at the time of the worker’s death: • was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian, and • had a genuine personal relationship with the worker. impacted financially or emotionally because of a work-related death of a worker is eligible to claim the following where applicable:

Travel & accommodation expenses

Immediate family members In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member. of a deceased worker who have incurred reasonable travel or accommodation expenses to attend the burial or cremation service of a worker when the service is held at least 100 kilometres from their normal residence.

Family counselling and other supports

Immediate family members of a deceased worker seeking or claiming for grief counselling, therapy and other support services.

Cleaning expenses

For a death that occur on or after 6 August 2025, family members of a deceased worker can claim the reasonable costs of forensic cleaning services if the worker’s death occurred at the home of the worker or family member In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member..

Grief and loss

For a death that occur on or after 6 August 2025, close family members In relation to a work-related death, a ‘close family member’ of a worker means a person who, at the time of the worker’s death: • was a partner, parent, guardian, step-parent, grandparent, sibling or step-sibling of the worker or a person to whom the worker was a parent, step-parent or guardian, and • had a genuine personal relationship with the worker. who had a genuine personal relationship with the deceased worker can claim for compensation in recognition of their grief and loss.

See: Define immediate family members | Eligibility for entitlement | Medical & like expenses | Types of Immediate Support payments

Note: where the deceased worker leaves no dependants, a family member may apply to the Magistrates’ Court for reimbursement of expenses which were incurred as a result of the worker’s death, where this caused the family member financial hardship. Some expenses, including those that may be claimable under the legislation, are excluded.

See: Application for reimbursement of expenses

Dependent person

A person who, at the time of the worker’s death, was to any extent dependent on the earnings of a deceased worker can claim compensation for the work-related death of that worker.

A claim made for a dependency lump sum from a:

• partner, child or orphan automatically includes a claim for a weekly pension

• family member (including a partner, child or orphan) includes a claim for compensation in recognition of their grief and loss if the death occurred on or after 6 August 2025.

See: Entitlements | Determine liability

1. Partner

Depending on the date of the worker’s death, ‘partner’ can include the spouse Spouse of a person means a person to whom that person is married of the deceased worker or a domestic partner..

The earnings of the partner or spouse, including savings from their earnings, are not taken into account when determining their dependency on the deceased worker.

Note: If the worker’s death occurred before 23 August 2001, only a spouse or a person of the opposite sex can qualify as a partner if they were living with the worker at the time of the worker’s death:

• as though married
• on a permanent and bona fide domestic basis.

2. Domestic partner

A domestic partner is someone the deceased person lived with on a genuine domestic basis, taking into account the circumstances of their relationship, irrespective of gender or marital status.

The earnings of the partner, including savings from their earnings, are not taken into account when determining their dependency on the deceased worker.

3. Child and orphan child

Children and orphan children can include partners' children from a previous relationship.

A legally enforceable requirement to pay maintenance (such as pursuant to a garnishee The holding back of a part of compensation from a worker who is indebted to the Commonwealth. order) to a child is evidence of dependency.

Children and orphan children can be established as dependent if, at the time of the worker’s death, they were:

• less than 16 years of age

• aged 16 years or more, but under the age of 25 years and:

  • a full-time Full-time worker means a worker who is employed for at least the normal number of hours fixed in any industrial award applicable to the worker or if there is no applicable award the prescribed number of hours student or a full-time apprentice, or

  • living with a disability (within the meaning of the Disability Act 2006).

Note: an orphan child may still have a living parent Parent of a worker includes a person who has day to day care and control of the worker but they are classified as an orphan child if, at the time of the death of the worker, their parent 1) did not provide them with any economic support and 2) was not a dependent partner of the deceased worker.

Note: if a child at the time of the worker’s death is aged 16 or more, but under the age of 25 years, living with a disability and not a full-time student or full-time apprentice, will only be eligible for a weekly pension as they do not meet the criteria for a dependency lump sum.

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4. Other person (in addition to dependent partners or children)

If there are any dependent partners or children, another person (such as a parent or other family member) who was, to any extent, also dependent on the deceased worker’s earning at the time of the worker’s death, may be entitled to compensation.

There is no entitlement if the death occurred prior to 6 August 2025.

There is no entitlement to a weekly pension.

5. Other person (and no dependent partners or children)

If there are no dependent or partially dependent partners or children, the family of the deceased worker is entitled to compensation if:

• the worker was under 21 years when they died, and

• the worker was contributing to the maintenance of the family home.

If there are no dependent partners or children, a person who was to any extent dependent on the deceased worker’s earnings at the time of the worker’s death, may be entitled to compensation.

There is no entitlement to a weekly pension.