Working at Lunch
For 20 years, readers of the Centralian Advocate looked forward to the Friday edition. Therein Povey Stirk Lawyers published a 300 word tale of fiction based on legally newsworthy events.
The following is a sample of these blogs
24 July 2020
Peter was looking forward to a promising career as an accountant and was happily married with two small children.
During his lunch hour Peter was walking to the sandwich shop when he was struck by a cyclist in training for the Master’s Games. Peter was knocked over and struck his head on the concrete footpath. He was rushed to hospital and underwent surgery, but unfortunately later died from his injuries.
The Workers Rehabilitation and Compensation Act provides for payment of lump sum benefits to dependents of workers who die as a result of injuries arising out of or in the course of their employment. In order for the provisions of the Workers Rehabilitation and Compensation Act to apply, it is not always necessary for the injury to be sustained while the employee is performing his duties of employment. In this circumstance it is likely that a court would consider that the injury suffered by Peter did arise out of his employment and his dependents would be entitled to benefits under the Act.
Peter’s dependents would be entitled to a lump sum payment, of which his wife would receive 90% and his two children 5% each.
In addition, each of Peter’s two children would receive weekly payments. This is adjusted from year to year in proportion to the NT Average Weekly Earnings, and would continue until they reach the age of 16, or if they are full-time students until age 21. If they were physically or mentally handicapped, weekly payments would also continue until age 21. Benefits end on marriage also.
In addition, Peter’s wife, or another person liable for funeral expenses, would be entitled to make a claim to meet such expenses.
Disclaimer: This document provides general information and is not legal advice. While we endeavour to ensure the information is correct at the date of publication, laws frequently change. If anything in this post is relevant to you, please contact us for advice on your specific situation