My spouse died from a workplace injury. Am I entitled to compensation as a dependant?

What the Law Says

Workers’ compensation laws across Australia provide financial support to dependants — including spouses — when a worker dies from a work-related injury or disease. Eligibility, payment amounts, and time limits vary by state or territory, but all schemes recognise the spouse as a primary dependant.

Each Australian state and territory has its own workers’ compensation legislation. These laws define who qualifies as a ‘dependant’, outline entitlements (such as weekly payments, funeral expenses, and lump sums), and set time limits for making claims.

A ‘spouse’ is generally defined to include married partners and de facto partners who lived with the worker on a genuine domestic basis. In most jurisdictions, you do not need to prove your spouse was at fault — workers’ compensation is a no-fault system.

Entitlements typically include: ongoing weekly payments (often based on the deceased’s pre-injury earnings), reimbursement of reasonable funeral expenses (up to a statutory cap), and sometimes a lump sum for permanent impairment or death.

Statutory Text

A dependant of a worker who dies as a result of an injury is entitled to weekly payments… and to payment of the reasonable cost of the worker’s funeral.

— Workers Compensation Act 1987 (NSW), s. 33 — Death resulting from injury

Statutory Text

‘Dependant’ means a person who was, at the time of the worker’s death, wholly or partly dependent on the worker for economic support.

— Work Health and Safety Act 2011 (Cth), sch 1, definition of ‘dependant’

Statutory Text

A spouse includes a person who, although not legally married to the worker, lived with the worker on a genuine domestic basis as the worker’s husband or wife.

— Workers’ Compensation and Rehabilitation Act 2003 (Qld), s. 4 — Definitions

What to Do

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