ACCIDENT COMPENSATION ACT 1985 - SECT 92
Compensation for death of a worker
ACCIDENT COMPENSATION ACT 1985 - SECT 92
Compensation for death of a worker
S. 92(1A)
inserted by No. 107/1997
s. 26.
(1A) This section does not apply in respect of a
death occurring on or after 12 November 1997.
S. 92(1) amended by Nos 67/1992
s. 64(9)(a), 50/1993
s.
78(1)(c), 50/1994
s. 37(1), substituted by No. 9/2010 s. 67(1).
(1) If a worker's death results from or is
materially contributed to by an injury which entitles the worker's dependants
to compensation, the amount of the compensation must be determined—
(a) if a dependant does not have
legal representation, or is a minor or a person under a disability, by the
court in accordance with this section; or
(b) in all other cases, by the
Authority or self insurer in accordance with this section. [5]
(2) If the worker leaves any dependants wholly or
mainly dependent on the worker's earnings the amount of compensation shall
be—
S. 92(2)(a) amended by No. 7/1996 s. 49(b).
(a) the sum of $128 420; and
S. 92(2)(b) amended by No. 7/1996 s. 49(c).
(b) the appropriate additional sum
specified in Column 2 of the Table to this subsection in the case of each
child under the age and having the status specified in Column 1 of that Table
who—
(i) was wholly
or mainly dependent on the earnings of the worker at the time of the death; or
(ii) would, but
for the incapacity of the worker prior to the worker's death, have been wholly
or mainly dependent on the earnings of the worker at the time of death.
|
Column 1
Years of Age |
Column 2
Amounts of
Compensation |
|---|
|
$ |
|
Under 1 |
24 470 |
|
Under 2 |
22 870 |
|
Under 3 |
21 310 |
|
Under 4 |
19 720 |
|
Under 5 |
18 140 |
|
Under 6 |
16 540 |
|
Under 7 |
14 970 |
|
Under 8 |
13 410 |
|
Under 9 |
11 840 |
|
Under 10 |
10 260 |
|
Under 11 |
8 690 |
|
Under 12 |
7 120 |
|
Not under 12 but under 16 |
5 530 |
|
Not under 16 but under 21 (full-time student) |
5 530 |
S. 92(3) amended by Nos 67/1992
s. 64(9)(a), 50/1993
s. 78(1)(c), 50/1994
s. 37(1), 7/1996 s. 49(b), 9/2010 s. 67(2).
(3) If the worker does not leave any dependants
wholly or mainly dependent on the worker's earnings but leaves any dependants
partly dependent upon the worker's earnings, the amount of compensation
shall be a sum not exceeding $128 420 which the court, Authority
or self‑insurer [6] considers is reasonable and appropriate to the
injury to those dependants.
S. 92(4) amended by Nos 67/1992
s. 64(9)(a), 50/1993
s. 78(1)(c), 50/1994
s. 37(1), 7/1996 s. 49(b), 9/2010 s. 67(3).
(4) If the worker being under the age of 21 years
at the time of the injury leaves no dependants but immediately before the
injury was contributing towards the maintenance of the home of the members of
the worker's family, the members of the worker's family shall be deemed
to be dependants of the worker partly dependent on the worker's
earnings and the amount of compensation shall be a sum not exceeding
$128 420 which the court, the Authority or self‑insurer [7]
considers is reasonable and appropriate to the injury to those dependants.
(5) In determining whether a spouse was wholly,
mainly or in part dependent on the worker at the time of the death of the
worker or other relevant time, no regard shall be had to any money which the
spouse had earned or was earning by his or her own personal exertion or to any
savings arising from any such earnings.
S. 92(6) amended by Nos 67/1992
s. 64(9)(a), 50/1993
s. 78(1)(c), 50/1994
s. 37(1), 9/2010 s. 67(4).
(6) If there are both total and partial
dependants, the court, the Authority or self-insurer [8] shall determine
the amount of compensation payable and shall allot the compensation to the
total dependants and to the partial dependants in such proportions as it
determines.
S. 92(7) substituted by No. 67/1992
s. 64(9)(b), amended by Nos
50/1993
s. 78(1)(c), 50/1994
s. 37(1), substituted by No. 9/2010 s. 67(5).
(7) A dependant is entitled to interest at the
prescribed rate on an amount of compensation determined in accordance with
this section—
(a) in the case of a determination
by the court—in respect of the period beginning on the date the claim
for compensation was lodged in accordance with section 103 and ending on the
date of the determination; or
(b) in the case of a determination
made by the Authority or self-insurer—in respect of the period beginning
on the date the claim was lodged in accordance with section 103 and ending on
the date the Authority or self‑insurer makes the determination. [9]
S. 92A inserted by No. 107/1997
s. 27(1).
