Frequently asked questions about making a workplace dust disease claim in New South Wales, answered
Published on October 22, 2024 by Tim Gauci
Dust diseases, including asbestosis, silicosis, and mesothelioma, are serious and often life-threatening conditions caused by long-term exposure to harmful dust particles in the workplace. Workers in industries such as construction, mining, and manufacturing are particularly vulnerable, and many of those affected are entitled to compensation. The Dust Diseases Authority (DDA), now known as the iCare Dust Diseases Care, manages compensation claims for workers suffering from dust diseases in New South Wales (NSW).
In this article, we address frequently asked questions to help guide you through the process of commencing a dust disease claim in NSW.
1. What is a dust disease claim, and who is eligible to make one?
A dust disease claim is a type of compensation claim made by individuals who have developed a respiratory illness because of exposure to hazardous dust particles, such as asbestos or silica, in the workplace.
In NSW, workers who have contracted dust-related diseases may be eligible for compensation through the Dust Diseases Tribunal (DDT). The DDT has exclusive jurisdiction to hear and determine damages claims for workers who have been affected by dust diseases. These types of claims are civil law claims in negligence and are different from worker’s compensation claims managed by icare.
To be eligible to make a claim, 3 conditions must be met:
- A worker (including a deceased worker) has or is currently suffering from a dust-related condition detailed in the Dust Diseases Tribunal Act 1989 (NSW);
- The dust-related condition was caused or partly caused by the negligence of another person; and
- The worker or estate of the deceased worker has suffered loss as a result of the dust-related condition.
2. My employer went out of business decades ago. Can I still make a claim?
Yes, you can still seek compensation even if your former employer is no longer operating. Many companies that exposed workers to asbestos or dust had insurance policies that remain viable today. These insurance policies may still cover asbestos-related claims, even if the company itself is defunct. Furthermore, NSW has specific mechanisms and funds available to help individuals who worked for companies that have since gone out of business or whose insurers are no longer active. Claims can also be pursued against the manufacturers of asbestos products.
3. Is it too late to make a claim if my dust exposure happened 40 years ago?
No, it is not too late. Asbestos-related diseases, as well as dust-related conditions, can take decades to develop. The law in NSW recognises the long latency period associated with these illnesses, and special provisions allow claims to be made at any time after the disease manifests. While personal injury claims usually have strict limitation periods, dust disease claims are treated with flexibility. It is important, however, to commence a claim during your lifetime to ensure all legal rights are preserved.
4. What kind of compensation can I receive for a dust disease illness?
Compensation for dust disease claim can cover a variety of costs, including medical expenses, lost wages, and care needs. There may also be additional compensation for pain and suffering. NSW provides both statutory compensation as well as the option to pursue a common law claim. Each case is unique, so it is essential to seek legal advice to understand the full range of compensation you may be entitled to.
5. I’m worried about the complexity of the claims process. How do I start?
The claims process can feel daunting, but with the right legal support, it becomes manageable. The first step is to contact a law firm experienced in dust disease claims. They can assess your case, explain your rights, and guide you through the entire process. This includes dealing with former employers or their insurers, gathering necessary evidence, and ensuring that your claim is thoroughly prepared and heard. Legal experts can make sure your claim progresses smoothly, alleviating much of the stress associated with the process.
6. What if I’m unable to travel to meet with a lawyer?
If your asbestos or dust-related disease makes it difficult to travel, many law firms, including offer flexible arrangements. Lawyers can travel to your home or hospital to discuss your case and offer advice to you. This ensures that your health condition does not prevent you from accessing the legal support you need.
If you or someone you know is affected by an asbestos or silica-related disease, getting accurate information is crucial. Dust disease claims are often complex, but understanding the process and knowing what to expect can make it easier to navigate. If you or a loved one has been diagnosed with a dust disease, it is important to seek legal advice and assistance early to ensure that you receive the compensation and support to which you are entitled. With the right preparation and evidence, a successful claim can provide vital financial assistance during a difficult time.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
