Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What dust diseases are covered under the Dust Diseases Act 1942 (NSW)?
- The following specific diseases are covered under the Dust Diseases Act 1942 (NSW):
- aluminosis;
- asbestosis;
- asbestos induced carcinoma;
- asbestos-related pleural diseases;
- bagassosis;
- berylliosis;
- coal dust pneumoconiosis;
- farmer’s lung;
- hard metal pneumoconiosis;
- mesothelioma;
- silicosis;
- silico-tuberculosis; and
- talcosis.
- The legislation also covers any pathological condition of the lungs, pleura or peritoneum that is caused by dust that may also cause a specified disease.
- If you have any concerns about a dust-related disease that you suspect was incurred through your previous employment you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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What is the Dust Disease Board Medical Authority?
- The Dust Diseases Board Medical Authority is a committee that reviews claim applications and decides:
- whether the applicant contracted a dust disease;
- the extent of the applicant’s disability as a consequence of dust disease;
- whether the disease developed as a consequence of the applicant being exposed to dust during the course of employment in NSW; and
- whether the applicant can undertake any other suitable work.
- If you have concerns about your medical status and whether you have a valid claim you can use our Phone a Lawyer service to request a preliminary legal consultation with a private lawyer who may agree to represent you.
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What is the difference between a malignant claim and a non-malignant claim?
- A malignant claim refers to a claim that involves asbestos induced carcinoma or mesothelioma.
- A non-malignant claim refers to all other asbestos-related conditions.
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What compensation can I claim under common law?
- The common law is the body of law comprising of legal principles that have been gradually established and refined through a series of legal cases. It is separate from the laws you find in written legislation. You may claim the following damages under common law:
- non-economic loss;
- past and future medical expenses;
- past and future care and assistance expenses;
- past loss of wages and loss of future earning capacity ;
- past and future domestic care expenses for a dependant; and
- statutory benefits.
- If you are making a claim and have a query about the kind of compensation that is available to you our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
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What is meant by damages for non-economic loss?
- Damages for non-economic loss means damages or compensation for the following:
- pain and suffering;
- loss of amenities of life;
- loss of expectation of life;
- disfigurement;
- the need for services of a domestic nature; or
- services relating to nursing and attendance which have been or are to be provided by another person without any payment.
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What is a statement of claim?
- A statement of claim is a legal document that must be submitted to the Dust Diseases Tribunal in order to initiate your claim and must follow the format prescribed under Schedule 3 of the Dust Diseases Tribunal Regulation (NSW).
- The statement of claim sets out the claimant’s:
- personal details;
- medical condition including details of the treating medical practitioners;
- summary of work and exposure history;
- detailed exposure history;
- smoking history;
- compensation particulars;
- whether a Dust Diseases Board claim has been submitted or approved; and
- whether the claimant is a relative and dependant of the deceased worker.
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What do you need to prove before making a claim for compensation to the Dust Disease Board?
- You are entitled to make a claim for compensation to the Dust Diseases Board if you can show that:
- you were a worker and employed in NSW;
- during the course of your employment you were exposed to dust; and
- as a consequences you developed a dust-related disease.
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Where do I bring an action of negligence against my employer under common law?
- The Dust Disease Tribunal holds the exclusive jurisdiction to hear and determine claims for damages for dust-related diseases whether they arise under legislation or under the common law.
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Do I have to prove fault against an employer to bring a claim in the Dust Disease Tribunal?
- You are not required to prove fault in order to become entitled to receive compensation from the Dust Disease Board however you are required to prove fault to succeed in an action of negligence against your employer at common law in the Dust Disease Tribunal.
- Proving fault simply means that you have to prove that a person or organisation caused your harm.
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How do I qualify to bring a claim in the Dust Disease Tribunal?
- You must be the worker or the dependant of a worker.
- You must establish that a person (possibly yourself) is suffering, has suffered or has died and was suffering from a dust-related condition immediately before death.
- In order to succeed in your claim you must establish that one or more of your employers or manufacturers were negligent and that as a consequence of their negligence you have developed an asbestos or dust disease.
- Our free Find a Lawyer directory may help you get in touch with an experienced dust-related diseases lawyer near you.
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What is a directions hearing?
- A directions hearing is a mention of the claim in a court or tribunal. For dust diseases claim this is the Dust Diseases Tribunal.
- At a directions hearing your lawyer will request that the judge or tribunal member progress the case and a timeline is usually set. Once the judge or tribunal member has decided on a course of action the parties to a claim prepare their case and comply with the orders accordingly.
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What is the Dust Diseases Fund?
- The Dust Diseases Fund is used to pay compensation to successful claimants. Employers are required to pay a levy towards the Dust Diseases Fund. The Dust Disease Board sets the levy rates, collects the levy and manages the investments of the Fund.
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How does the Dust Diseases Board pay compensation to successful claimants?
- If your application is successful the Dust Diseases Board pays weekly compensation payments and relevant hospital and medical expenses.
- Weekly compensation payments vary according to the degree of disability as determined by the Board’s Medical Authority. If the medical condition deteriorates an application may be made to the Medical Authority for reassessment.
- These benefits continue through your lifetime.
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Do I get workers compensation if I stop working?
- If you stop full time work because of your dust disease you may be paid workers compensation benefits even after you cease work. After 26 weeks the benefits paid are proportionate to the disability suffered. Partially disabled beneficiaries who are medically fit to return to work on a part-time or causal basis may have their compensation reduced accordingly.
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Who are dependants of deceased workers?
- In New South Wales and South Australia a claimant worker may claim damages for past and future domestic care expenses for a dependant.
- Dependants include:
- your spouse;
- children aged up to 16 years of age; and
- full-time students aged up to 21 years.
- A deceased worker’s spouse is entitled to receive weekly benefits for life or until they remarry or enter into a de-facto relationship.
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