QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.128ETo whom payments made for death of worker
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### sec.128E To whom payments made for death of worker
This section applies if—
the worker dies because of the latent onset injury; and
the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and
if the worker left dependants—an insurer had not paid the worker or the worker’s dependants the lump sum compensation under section 128D to which the worker’s dependants were entitled.
The compensation under section 128D for the worker’s dependants is payable—
to the worker’s legal personal representative; or
if there is no legal personal representative—to the worker’s dependants.
The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.
s 128E ins 2008 No. 61 s 40 (retro)
(sec.128E-ssec.1) This section applies if— the worker dies because of the latent onset injury; and the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and if the worker left dependants—an insurer had not paid the worker or the worker’s dependants the lump sum compensation under section 128D to which the worker’s dependants were entitled.
(sec.128E-ssec.2) The compensation under section 128D for the worker’s dependants is payable— to the worker’s legal personal representative; or if there is no legal personal representative—to the worker’s dependants.
(sec.128E-ssec.3) The worker’s legal personal representative must pay or apply the compensation to or for the benefit of the worker’s dependants.
- (a) the worker dies because of the latent onset injury; and
- (b) the worker had received a payment of lump sum compensation under section 128B for the latent onset injury; and
- (c) if the worker left dependants—an insurer had not paid the worker or the worker’s dependants the lump sum compensation under section 128D to which the worker’s dependants were entitled.
- (a) to the worker’s legal personal representative; or
- (b) if there is no legal personal representative—to the worker’s dependants.