I have mesothelioma and I'm claiming against my employer. He is being really difficult and so far has had no real intentions of cooperating in the negotiations. Do I really have to keep going through the claims resolution process? It seems pointless.
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Answer by Neha Sharma, Hillsdale 2036 NSW
- In NSW regulation 21 of the Dust Diseases Tribunal Regulations 2013 (NSW) provides the Dust Diseases Tribunal with authority to remove claims from the claims resolution process if:
- the claim is determined as urgent the basis of medical evidence and on application by the claimant; and
- each party agrees that the claim should not be subject to the claims resolution process and notify the registrar in writing of their agreement.
- This usually occurs if the parties believe the claim is unlikely to be resolved through alternative dispute resolution procedures.
- It may also be available where the applicant believes that another party to the claim has failed to comply with a requirement of the resolution process and it has resulted in substantial prejudice to the applicant or substantial delay.