Inhaling certain types of dust particles such as asbestos or silica can cause dust diseases. In Australia an eligible person affected by a dust disease can seek compensation for their medical condition. For example in New South Wales there are two avenues for victims of dust diseases to seek compensation.

The first avenue is the Workers Compensation Dust Diseases Board. The board is a statutory authority providing compensation to people who have been exposed to harmful dust through the course of their employment and are suffering from a dust disease. Successful claimants receive a weekly pension and have their medical expenses paid for by the Board. The claimant does not have to prove fault in order to succeed in their claim.

The second avenue is the Dust Diseases Tribunal of New South Wales. This is a specialist tribunal set up exclusively to deal with common law claims for dust-related diseases. The tribunal provides quick and effective resolution for claims as most claimants are gravely ill from a fatal disease. Plaintiffs have the right to bring a claim against any former employers, site managers and product manufacturers that exposed them to harmful dust. The plaintiff must prove fault in order to succeed in their common law claim.

Both avenues of claims are compatible with each other. This means a claimant may bring a claim under both the Dust Diseases Board and the Dust Diseases Tribunal. It is important to understand that you do not have to live in Australia to claim for compensation. You must have been exposed to harmful dust that led to you developing a dust disease in Australia. Extensive medical examinations and evidence of work must be established before compensation is granted.

Our Legal Guide on Dust Diseases and Asbestos gives a general overview of relevant laws based on the position in NSW at the time of writing. Most other states and territories have similar laws. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in the Dust Diseases Law.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.