Dust Diseases & Asbestos
5. Making a Claim for Damages
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- In NSW the Workers’ Compensation (Dust Diseases) Act 1942 (NSW) provides compensation to workers who develop a dust-related disease due to exposure to dust in the course of their employment. Compensation claims are heard by the Dust Diseases Tribunal and the scheme is administered by the Dust Diseases 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; and
- during the course of your employment you were exposed to dust; and
- as a consequence you developed a dust-related disease.
- You are not required to prove fault on another person's behalf in order to receive compensation through the Dust Diseases Board however you are required to prove fault if you want to claim negligence against your employer in the Dust Diseases Tribunal.
- There are various forms of compensation that can be obtained through the Dust Diseases Board. If your application is successful you are entitled to receive:
- weekly compensation payments; and
- relevant hospital and medicine expenses.
- These benefits continue through your lifetime. If you die from a dust-related disease before your claim is resolved your dependants at the time you made the claim become eligible to claim compensation. Dependants of deceased workers are also entitled to make an application for compensation.
- A worker who is seeking compensation for dust disease must follow a set procedure to bring a claim for damages.
- An application must be lodged with the Dust Diseases Board together with:
- a doctor’s report that specifies the applicant has or is suspected as having a dust disease;
- documents that prove the applicant’s identity and the identity of any of their dependants at the time of claim; and
- any medical documents that prove the applicant has a dust disease such as respiratory tests and x-rays.
- There is no fee to lodge an application for compensation.
- Once you apply you are referred to as an 'applicant'. You will be interviewed by the authorised officers of the Dust Diseases Board and a report on your situation will be generated. The Dust Diseases Board’s Medical Authority is responsible for reviewing all of your information and making a determination based on that information. The Dust Diseases Board then calculates any compensation that is payable under the law.
- A dependant of a deceased worker must also follow the set procedure if they wish to make a claim for compensation.
- The dependant of a deceased worker must fill a form and lodge it at the Dust Diseases Board with the following documents attached:
- identity documents establishing both the identity of the applicant and any person claiming to be a dependant;
- evidence that shows that the relationship of dependence on the deceased worker; and
- documents relating to the financial circumstances of the applicant at the time of their death.
- The Dust Diseases Board’s Medical Authority is responsible for assessing the claim and determining whether the death resulted from a dust disease. The Dust Diseases Board calculates any compensation that the person is entitled to under the law.
- All forms that you will need to submit for your claim if you are in NSW can be accessed from http://www.ddb.nsw.gov.au/Forms/Pages/default.aspx.
- In Australia there is no uniformity between the jurisdictions regarding who undertakes diagnosis for a claimant. The law is different in each state and territory and there may be different requirements for claimants in each location. It is imperative that you obtain individual legal advice that applies correctly to your particular circumstances.
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