Workers’ compensation claims due to asbestosis - NSW

If you have been exposed to asbestos during your working life in NSW, and you have been diagnosed with an injury or disease related to asbestos, you may be entitled to make a claim for workers’ compensation. Even if your exposure was many years ago and symptoms or diagnosis are recent, you may still have compensation rights and entitlements.

Asbestosis is a serious and progressive lung disease caused by prolonged exposure to asbestos, a hazardous material used primarily in construction, manufacturing, and insulation. Many people working in industries such as construction and shipbuilding were unknowingly exposed to asbestos fibres, leading to long-term health issues, including asbestosis, but its symptoms may not become apparent until years later.

Asbestos was commonly used in Australia until the late 1980s, particularly in construction materials such as insulation, roofing, and flooring.

Types of diseases that can lead to asbestosis

There are a number of diseases/illnesses related to asbestos exposure, including:

• mesothelioma;
• carcinoma;
• pleural plaques;
• lung cancer; and
• many other cancers.

Eligibility for workers’ compensation due to asbestos exposure in NSW

An injured worker must satisfy the following criteria to claim workers’ compensation:

1. The primary requirement is a medical diagnosis of asbestos-related disease, confirmed by a healthcare professional who has experience in respiratory medicine.
2. You must be able to provide evidence that you were exposed to asbestos or harmful dust particles while working in a relevant industry or occupation.
3. You have a level of disability arising from the asbestos exposure, which has resulted in partial or total incapacity for work.

Compensation available: NSW state-based workers’ compensation scheme

If your asbestos exposure occurred while you were employed in a high-risk industry in NSW, and you are diagnosed with an asbestos related disease, you may be entitled to workers' compensation. There are two types of compensation available:

Statutory compensation

This type of compensation is available under the NSW workers’ compensation scheme, which is a no-fault scheme. This means that injured workers do not have to prove negligence resulted in their injury.

Statutory compensation benefits include:

• Weekly payments;
• Medical treatment expenses;
• Lump sum compensation due to permanent impairment;
• Funeral benefits; and
• Compensation for dependants.

Common law damages

This type of claim is in addition to any statutory entitlements. To be successful in a common law claim, injured workers must prove that their injury/illness was the fault of a third party (the employer) and was due to negligence and/or breach of duty of care.

Common law damages include:

• General damages, also known as pain and suffering;
• Loss of past and future earnings;
• Past and future medical treatment expenses;
• Past and future domestic assistance; and
• Interest and costs.

Workers’ compensation claims for asbestos are made to the Workers Compensation (Dust Diseases) Authority of NSW (“DDA”) or Dust Diseases Care (“DDC”) administered by icare (the workers’ compensation insurance provider in NSW), and entitlements are determined by the Workers Compensation (Dust Disease) Act 1942.

To bring a claim for common law damages, a worker is required to commence proceedings in the Dust Diseases Tribunal of NSW (“DDT”).

Compensation available: Comcare federal workers’ compensation scheme

If you are a Commonwealth employee exposed to asbestos, you may claim statutory compensation pursuant to the Commonwealth Safety Rehabilitation and Compensation Act 1988 via the national Comcare Scheme.

Commonwealth employees cannot claim both statutory compensation and common law damages for compensation in negligence. They must make a choice between one or the other.

Dependency claims after the death of a worker due to asbestos exposure

In NSW, if a worker dies from an asbestos related disease due to workplace exposure and leaves dependents, the following compensation options may be available:

• If a claim had already commenced (but not finalised) prior to the death of the worker, a dependent may continue that claim;
• Funeral benefits from the DDA;
• If a dependent relied on the deceased worker for financial support, they may be able to make a separate claim for dependency.

Time limits for workers’ compensation claims due to asbestos exposure

There are no time limits for commencing a workers’ compensation claim in NSW due to asbestos exposure or other dust diseases related to work.

The DDT operates under an expedited process for dust-related claims, including those brought by dependants if the worker has died. It is recommended that you lodge your claim as soon as you become aware of your work-related illness. With the expedited process, benefits like weekly payments and medical expenses can commence quickly.

Get help from an asbestos and dust diseases lawyer

If you or someone you know has been diagnosed with asbestosis due to exposure to asbestos in the workplace, it's vital to consider pursuing compensation. Asbestosis compensation claims in NSW can help cover medical expenses, lost wages, and provide compensation for pain and suffering caused by the disease.

Seeking professional legal advice will ensure that your claim is handled efficiently and that you receive the support you need during this challenging time.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au