Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 128D

Worker’s dependants

128D Worker’s dependants

(1) This section applies if the worker has dependants.
(2) The worker’s dependants are entitled to lump sum compensation equal to the sum of the following amounts—
(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.
(3) An insurer may pay the compensation under this section—
(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 .
(4) The worker’s dependants are not entitled to further compensation under chapter 3 , part 11 for the death of the worker.
(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—
(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
(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.



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