Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a worker dies as a result of an injury suffered by him or her and in respect of which his or her employer is liable to pay compensation under this Act, the compensation payable under this Act is a lump sum not exceeding 369 units, together with any weekly payment payable under section 67A.
(2) Where a deceased worker leaves –
(a) a wholly dependent spouse or wholly dependent caring partner, the lump sum referred to in subsection (1) is to be 369 units to be paid to the spouse or partner; or
(b) a partially dependent spouse or partially dependent caring partner and no dependent children, the lump sum is to be an amount calculated in accordance with subsection (3) to be paid to the spouse or partner; or
(c) no dependent spouse or dependent caring partner and a wholly dependent child or wholly dependent children, the lump sum referred to in subsection (1) is to be 369 units to be paid to the child or equally to the children; or
(d) no dependent spouse or dependent caring partner and a partially dependent child or children, the lump sum is to be an amount calculated in accordance with subsection (3) to be paid to the child or children according to the level of his or her dependency.
(3) A lump sum calculated in accordance with this subsection is to be such amount, not exceeding 369 units, as is reasonable and proportionate to the degree of dependency of the dependant.
(4) Where a deceased worker leaves no dependants, but was, immediately before that date, contributing towards the maintenance of the home of the members of his or her family, those members are taken to be dependants of the worker in part dependent upon the worker, and the provisions of subsection (3) apply to, and in respect of, those members accordingly.
(5) An amount paid or payable before the death of a worker as weekly payments in respect of his or her total or partial incapacity for work resulting from the injury suffered by him or her is not to be taken into consideration in calculating the amount of compensation payable under this section upon the worker's death.
(6) A claim for a lump sum under this section is to be made in accordance with section 34.