Answer by Neha Sharma, Hillsdale 2036 NSW

• If you are successful in bringing a claim in the Dust Diseases Board you are entitled to receive weekly benefits and medical expenses. If you are also successful in bringing a common law negligence case in the Dust Diseases Tribunal you will receive a lump sum payment for damages. Both awards are exclusive to each other. This means that even if you receive a lump sum payment for damages you can still keep your weekly benefits and medical expenses from the Dust Diseases Board.
• Australian law generally will not allow plaintiffs to engage in double dipping. That means recovering compensation for damage from one place or person and then claiming more compensation for the same damage from another place or person.
  • The first amount of compensation paid is usually taken into account when calculating your entitlement to compensation from the second claim.
  • There have been exceptions to this principle in relation to dust diseases. However the situation remains complex and subject to change.
  • If you are planning a negligence claim you should discuss your entitlement to compensation with an experienced dust diseases lawyer particularly if you have previously been paid lump sum worker’s compensation or if you are a dependent of the deceased bringing a compensation to relatives claim.