Section 5: Dependants entitled to compensation

5. Dependants entitled to compensation (1) A reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants, or to his heirs or other persons to whom, or for whose benefit, compensation may be payable under this Act. (2) The dependants of a workman entitled to claim compensation under this Act, where the injury results in death, are such of the members of the [Issue 1] W9 – 4 Revised Laws of Mauritius workmen’s family as were wholly or partly dependent on the wages of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent, and such other persons as were at the time of the injury, living in the household of the workman, and were wholly or partly dependent on his earnings, and where the workman, being the parent or grandparent of an illegitimate child, leaves such a child so dependent upon his wages or, being an illegitimate child, leaves a parent or grandparent so dependent upon his wages, includes that illegitimate child and parent or grandparent, respectively. (3) A person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position. (4) In this Act, “member of a family”, in relation to a workman, means, his spouse, parent, grandparent, stepparent, child, grandchild, stepfather, stepmother, brother, sister, half-brother and half-sister.