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Workers' Compensation and Rehabilitation Act 2003
sec.128DWorker’s dependants
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### sec.128D Worker’s dependants
This section applies if the worker has dependants.
The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts—
15% of the amount payable under section 200 (2) (a) ;
2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.
An insurer may pay the compensation under this section—
to the worker; or
to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .
The worker’s dependants are not entitled to further compensation under chapter 3 , part 11 for the death of the worker.
In this section—
dependant , of a worker, means a member of the worker’s family who is completely or partly dependent on the worker’s earnings.
member of the family , of a worker, means—
the worker’s—
spouse; or
parent, grandparent or step-parent; or
child, grandchild or stepchild; or
brother, sister, half-brother or half-sister; or
if the worker stands in the place of a parent to another person—the other person; or
if another person stands in the place of a parent to the worker—the other person.
s 128D ins 2008 No. 61 s 40 (retro)
amd 2010 No. 24 s 3 sch
(sec.128D-ssec.1) This section applies if the worker has dependants.
(sec.128D-ssec.2) The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts— 15% of the amount payable under section 200 (2) (a) ; 2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.
(sec.128D-ssec.3) An insurer may pay the compensation under this section— to the worker; or to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .
(sec.128D-ssec.4) The worker’s dependants are not entitled to further compensation under chapter 3 , part 11 for the death of the worker.
(sec.128D-ssec.5) In this section— dependant , of a worker, means a member of the worker’s family who is completely or partly dependent on the worker’s earnings. member of the family , of a worker, means— the worker’s— spouse; or parent, grandparent or step-parent; or child, grandchild or stepchild; or brother, sister, half-brother or half-sister; or if the worker stands in the place of a parent to another person—the other person; or if another person stands in the place of a parent to the worker—the other person.
- (a) 15% of the amount payable under section 200 (2) (a) ;
- (b) 2% of the amount payable under section 200 (2) (a) for the reasonable expenses of the worker’s funeral.
- (a) to the worker; or
- (b) to the worker’s dependants at the same time as the insurer pays the worker lump sum compensation under section 128B .
- (a) the worker’s— (i) spouse; or (ii) parent, grandparent or step-parent; or (iii) child, grandchild or stepchild; or (iv) brother, sister, half-brother or half-sister; or
- (i) spouse; or
- (ii) parent, grandparent or step-parent; or
- (iii) child, grandchild or stepchild; or
- (iv) brother, sister, half-brother or half-sister; or
- (b) if the worker stands in the place of a parent to another person—the other person; or
- (c) if another person stands in the place of a parent to the worker—the other person.
- (i) spouse; or
- (ii) parent, grandparent or step-parent; or
- (iii) child, grandchild or stepchild; or
- (iv) brother, sister, half-brother or half-sister; or