The damages sections of the Act are divided into a number of subsections and paragraphs, relating to action taken either by an employee or, where an employee is deceased, his or her dependant.
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Comcare may take this latter action on the dependant's behalf (known in the Act as “for the benefit of the dependant”). It will only occur where Comcare decides that taking such action will be beneficial to the dependant (that is, he or she will receive in excess of compensation paid). |
The legislation directly applicable to death claims (and therefore dependants) is addressed here.
General damages information is more broadly dealt with in Volume Twelve, Overpayments & Recovery, in Part Six.
Also included in that volume is reference to recovery from the estate of deceased employees where overpayments of incapacity have occurred. Again, such issues are not discussed here. It is therefore recommended that select sessions of Volume Twelve be read in conjunction with this Part.