I've been admitted to hospital and it doesn't look like I'll be coming out again. I still want to go ahead with my claim but I'm worried I'm not well enough to attend any of the hearings or mediations. What can I do?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- In NSW under regulation 44 of the Dust Diseases Tribunal Regulation 2013 the tribunal has the authority to accept evidence from a plaintiff through a telecommunications link if they are too unwell to attend the mediation in person or if all parties agree that the plaintiff should be able to give evidence via telecommunications link. You may need to provide a medical certificate.
- For a hearing the tribunal judges are willing to hold hearings at a plaintiff’s bedside any time of the day, seven days a week.
- The Dust Diseases Tribunal also has facilities to accommodate witnesses or plaintiffs in remote locations and overseas giving evidence via video-link.
- There is a sick room at the Dust Diseases Tribunal with an oxygen concentrator that may be available for seriously ill plaintiffs.