Western Australian Numbered Acts Western Australian Numbered Acts (1) If a worker who
suffers an injury dies but the worker’s death was not a result of the
injury, compensation is payable under this section if —
(a) the
worker has received, or was entitled to receive, income compensation for total
or partial incapacity for work resulting from the injury for a continuous
period of at least 6 months immediately preceding the worker’s
death; and
(b) the
worker’s claim for compensation for the injury has not been settled
under Division 12; and
(c) no
memorandum of the terms of a settlement has been filed under
section 433(3).
(2) In this
section —
aggregated amount means the aggregate obtained by
taking the weekly rate of income at which, if the worker had not died, income
compensation would have been payable to the worker at the date of the
worker’s death assuming that the worker was totally incapacitated for
work and applying that rate for a period of 1 year after the
worker’s death;
eligible person means a person who is a partner or
child and is a dependant.
(3) If the worker dies
leaving 1 eligible person, that eligible person is entitled to the
aggregated amount.
(4) If the worker dies
leaving 2 or more eligible persons, each of those eligible persons is
entitled to a portion of the aggregated amount determined using the Table in
section 133 as if a reference to the DLSE in column 2 of the
relevant item in that Table were a reference to the aggregated amount.