The Law Handbook 2024

944 Section 10: Accidents, insurance and compensation • there is not or no longer an entitlement to weekly payments of the existing (or any) amount; or • the worker’s current weekly earnings alters. For procedures beyond this stage, see ‘Procedure in contested claims’, below. Claims in the event of death Claims by dependants and non-dependants of deceased workers NOTE All monetary amounts set out in this section apply to deaths occurring after 1 July 2023. The WIRC Act gives an entitlement to workers compensation where death results from, or is materially contributed to by, injury (s 234). An injury that results in death must come within the definition of compensable injury discussed at ‘What illnesses, injuries or diseases are covered?’, above. If the death occurred after 30 June 2014, compensation is paid under sections 235–243 of the WIRC Act. Note that this section refers to such deaths unless otherwise indicated. Dependency The WIRC Act states that people who are wholly or mainly dependent upon the deceased worker’s earnings are entitled to compensation. People who actually depended on the deceased worker’s earnings are dependants within the meaning of the WIRC Act. A spouse/partner who resided with the worker at the time of death is deemed to be dependant on the worker’s earnings at the time of death. The WIRC Act refers to ‘dependant partner’, which is defined as including a ‘spouse or domestic partner’. In determining whether a partner was dependent on the deceased worker’s earnings at the time of death, the WIRC Act states that no regard shall be had to any money that the partner was earning by way of personal exertion or to any savings arising from such earnings. The WIRC Act makes no real distinction between a de facto partner and a married person, or whether the partner is male or female. The rates depend on when the death occurred. The amounts listed in the sections below are payable when one person is wholly or mainly dependent upon the worker’s earnings at the time of death, or who would have been so dependent if not for the incapacity of the worker prior to the worker’s death. That person must be a wholly or mainly dependent partner or wholly, mainly or partly dependent child . Benefits Lump sums and weekly pensions are paid to dependent partners (which include a spouse) and children. Specific allowance is made for the situation where there may be more than one dependent partner (e.g. where a worker is separated from a partner and living in a de facto relationship). Such partners will generally share the death benefit equally. The amount of the lump sum depends on whether there is a dependent partner(s) and the number of dependent children. There is a maximum amount payable of $713780 to a single dependent partner with a single dependent child receiving $71 370. Legal or union advice should be sought for the appropriate rates prior to that date. A weekly pension is paid to a dependent partner for three years after the worker’s death (a larger amount is paid in the first 13 weeks). Also, a dependent child will receive a pension until 16 years old or, if a full-time student at 16 years old or a person with disability until reaching the age of 25 or ceasing to be a full-time student or apprentice, whichever occurs first. The amount of the pension depends on the worker’s PIAWE and the number of dependent children. Other provisions Of course, these rates are maximum amounts payable where liability is admitted by WorkSafe or the self-insurer or where the court has ordered that compensation be paid after hearing all the evidence. Where liability is denied, the parties can agree that a lesser amount be paid, subject to the approval of the court. This amount is to reflect the difficulties the applicant may have in proving the case. Where there are only partial dependants and nobody wholly or mainly dependent at the time of death, the court assesses an appropriate proportion of the above amounts where applicable, depending on the extent of the partial dependency on the earnings of the deceased. If aworker under 21 years old leaves nodependants but was contributing towards the maintenance of the