Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if an injury to an employee results in the employee's death.
(2) Subject to this section and sections 28 and 30, if the employee dies without leaving dependants, compensation is not payable for the injury.
(3) If the employee dies leaving dependants some or all of whom were, at the date of the employee's death, wholly dependent on the employee:
(a) subject to this section and to sections 28 and 30, compensation of $412,000 is payable for the injury; and
(b) that compensation is payable for the benefit of those dependants.
(4) If the employee dies without leaving dependants who were wholly dependent on the employee at the date of the employee's death, but leaving dependants who were partly dependent on the employee at that date:
(a) subject to this section and to sections 28 and 30, compensation is payable for the injury of such amount, not exceeding $412,000, as is appropriate, having regard to any losses suffered by those dependants as a result of the cessation of the employee's earnings; and
(b) that compensation is payable for the benefit of those dependants.
(5) If:
(a) a prescribed child was, at the date of the injury or at the date of the employee's death, wholly or mainly dependent on the employee; or
(b) a prescribed child, being a child of the employee, was born after the employee's death; or
(c) a prescribed child would, if the employee had not died, have been wholly or mainly dependent on the employee;
compensation is payable at the rate of $113.30 per week and that compensation is payable to, or in accordance with the directions of:
(d) if the prescribed child is 18 or over--the child; or
(e) if the prescribed child is under 18--the Authority for the benefit of the child;
from the date of the employee's death or the date of the birth of the child, whichever is later.
(6) Compensation is not payable under subsection (5) in respect of:
(a) any period during which the child is not a prescribed child; and
(b) in the case of a child referred to in paragraph (5)(c)--any period during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee.
(7) An amount of compensation paid or payable under this Act before the death of an employee:
(a) is not affected by subsection (2); and
(b) must not be deducted from the compensation payable under subsection (3); and
(c) must not be taken into account in determining the compensation payable under subsection (4).
(8) If an amount of compensation is payable under subsection (3) or (4) for the benefit of 2 or more dependants of the deceased employee, the employer must determine the shares of those dependants in that amount as it thinks fit, having regard to any losses suffered by those dependants as a result of the cessation of the employee's earnings.
(9) A reference in this section to a dependant of a deceased employee is a reference to a dependant by or on behalf of whom a claim is made for compensation under this section.
(10) If claims for compensation under subsection (3) or (4) are made by or on behalf of 2 or more dependants of a deceased employee, the employer must make one determination in respect of those claims.