Can I make a dust diseases compensation claim?

PUBLISHED 27 Feb 2015

Exposure to high levels of dust or asbestos can lead to a number of serious health problems, including fatal lung diseases.

If a medical practitioner has officially diagnosed you with one of these illnesses, you could be entitled to compensation. Examples of dust-related diseases that may result in a payout include:

  • Mesothelioma
  • Asbestosis
  • Silicosis
  • Lung cancer from asbestos exposure
  • Asbestos Related Pleural Disease (ARPD)
  • Hard metal pneumoconiosis

However, there are many more conditions, so it is advisable to seek the services of expert lawyers who specialise in dust diseases to see whether or not it is worth making a claim.

Due to the life-threatening nature of these illnesses, a lawyer can visit you at your home within just 48 hours to assess your case.

Are there any restrictions on making a claim?

Dust diseases can progress rapidly, making it extremely important that individuals who have been diagnosed with such conditions initiate their claim as quickly as possible.

A loved one can continue the claim in cases where the claimant passes away before a final decision is made. However, if the claim was not initiated in NSW before their death, family members will only be able to receive compensation for their own personal financial losses – not the original sufferer’s.

You are eligible for compensation across a wide range of circumstances, including when:

  • Exposure occurred at home, at work or elsewhere
  • You are not aware when or where you were exposed
  • The exposure occurred many decades ago
  • You were or are a smoker

What compensation will I receive?

The Dust Diseases Tribunal is a legal court in NSW that was set up in 1989 to deal with dust-related illnesses, including those related to asbestos exposure.

As these diseases have a quick onset and individuals are typically in the advanced stages of the illness when they make a claim, the tribunal was established to hasten potential proceedings.

If a claim is successful, the claimant will receive weekly compensation payments, as well as money to cover the costs of medical expenses. These sums will be paid throughout the individual’s lifetime.

When the claimant dies, their dependents may be eligible for a lump sum or weekly payments. However, each case is different, so it is important to contact a lawyer to better understand the process and begin making a dust diseases claim.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.