Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 133

133 .         Lump sum compensation for death resulting from injury

        (1)         Compensation is payable under this section if a worker who suffers an injury dies as a result of the injury.

        (2)         In this section —

        dependant lump sum entitlement amount ( DLSE ) means the amount that is 250%, or a greater percentage, if any, prescribed by the regulations, of the general maximum amount applying on the day on which the worker dies.

        (3)         If the worker dies leaving a dependant or dependants as described in column 1 of an item in the Table, each partner and child of the worker is entitled to the amount of compensation indicated for the dependant in column 2 of the Table opposite that item.

Table

Item	Column 1 Dependant or dependants	Column 2 Amount of entitlement
1.	Partners: 1 Children: 0	100% of the DLSE to the partner
2.	Partners: 1 Children: 1	90% of the DLSE to the partner 10% of the DLSE to the child
3.	Partners: 1 Children: 2 to 5	5% of the DLSE to each child Balance of the DLSE to the partner
4.	Partners: 1 Children: 6 or more	75% of the DLSE to the partner 25% of the DLSE divided equally between the children
5.	Partners: 2 or more Children: 0	100% of the DLSE divided so that each partner receives an amount proportionate to the loss of financial support suffered by that partner
6.	Partners: 2 or more Children: 1	90% of the DLSE divided between the partners so that each partner receives an amount proportionate to the loss of financial support suffered by that partner 10% of the DLSE to the child
7.	Partners: 2 or more Children: 2 to 5	5% of the DLSE to each child Balance of the DLSE divided between the partners so that each partner receives an amount proportionate to the loss of financial support suffered by that partner
8.	Partners: 2 or more Children: 6 or more	75% of the DLSE divided between the partners so that each partner receives an amount proportionate to the loss of financial support suffered by that partner 25% of the DLSE divided equally between the children
9.	Partners: 0 Children: 1	100% of the DLSE to the child
10.	Partners: 0 Children: 2 or more	100% of the DLSE divided equally between the children

        (4)         The compensation for a partner or child of the worker applies whether or not the worker dies also leaving any extended family member who is a dependant.

        (5)         If the worker dies not leaving a partner or child of the worker who is a dependant but leaving 1 extended family member who is a dependant, that extended family member is entitled to an amount that is reasonable and proportionate to the loss of financial support suffered by the extended family member, but not exceeding the DLSE applying on the day on which the worker dies.

        (6)         If the worker dies not leaving a partner or child of the worker who is a dependant but leaving 2 or more extended family members who are dependants, each of those extended family members is entitled to an amount that is reasonable and proportionate to the loss of financial support suffered by the extended family member, but not exceeding, in total, the DLSE applying on the day on which the worker dies.