Dust disease compensation: your complete guide
Dust diseases are conditions caused by long-term exposure to harmful dusts like asbestos or silica. They can be serious and long-lasting, often showing up years after exposure.
While it may seem like a rare issue, nearly 760 Australians die every year from dust-related diseases — and thousands more are living with the effects.
Industrial workers are most at risk, but anyone exposed to harmful dust over time could develop a dust disease. If you’ve been diagnosed or think you’ve been exposed, you may be eligible for substantial compensation through a dust disease claim.
Keep reading to learn if you have a claim and how much compensation you could receive. If you’d rather talk to a lawyer right away, reach out — our expert lawyers are here to offer free advice on your unique situation.
Common dust diseases
We’ve spent over 25 years helping Australians get the compensation they deserve. In our experience, the most common dust diseases you can claim for include:
- Asbestosis.
- Mesothelioma.
- Silicosis.
- Coal workers’ pneumoconiosis (black lung disease).
- Byssinosis (brown lung disease).
- Berylliosis.
- Talc pneumoconiosis.
These are just a few of the dust diseases we’ve helped people secure compensation for over the years.
If you’re dealing with a dust disease or think you’ve been exposed, don’t wait — get in touch today. We can help trace the source of your exposure and figure out if you have a claim, completely free of charge.
Am I eligible for a dust disease claim?
When it comes to dust disease compensation, you have two main options: a ‘statutory claim’ and a ‘common law damages claim’. Depending on your circumstances, you could be eligible for one or both.
It’s essential to fully understand what you’re entitled to before starting a claim. Common law claims can result in large lump sum payments, and not exploring all your options could mean missing out on substantial compensation. That’s where an expert lawyer can help. In a free consultation, we’ll break down all your options and the best way to secure maximum compensation for your condition.
What if I was exposed at work?
If you were exposed on the job, the types of compensation you can claim depend mostly on where you live.
In NSW, Victoria, Queensland, South Australia and Western Australia, you might be able to claim both common law damages and statutory compensation. However, some states may have extra requirements, like needing to apply to the court before starting your claim.
If you’re in Tasmania, you’re only eligible for a statutory claim unless the exposure happened outside the state or wasn’t linked to your job. And if you worked for the Commonwealth or particular private companies like Telstra or Australia Post, you’ll have to choose between the two types of claims.
What if my exposure happened somewhere else?
If your dust exposure happened at home or in a non-work situation, you’ll need to make a common law damages claim.
Statutory compensation claims
As discussed, if you were exposed to harmful dust at work, you may be eligible for a statutory compensation claim.
In Australia, each state has its own compensation scheme for dust diseases. For example, if you’re in NSW, you’ll need to apply through the specific Dust Diseases Tribunal. While in Queensland, you’ll go through the standard workers compensation process instead.
Importantly, if you worked for the Commonwealth or certain private companies, you’ll need to make a Comcare claim instead.
How much compensation will I get?
While most injured workers receive weekly payments, people with dust diseases may be eligible for a lump sum settlement instead.
The exact amount you could receive depends on factors like your age, life expectancy, and the severity of your condition.
It’s important to know that your compensation may be limited by your state’s ‘maximum compensation’ cap — the highest amount you can receive for a single claim. These caps differ by state and are adjusted each year for inflation.
For example, in Queensland, the cap is currently $380,580, while in Tasmania, it’s $362,077.20.
Common law damages claims
While statutory claims provide basic compensation, common law damages claims can offer substantial lump sum payouts for individuals affected by dust diseases.
To make a successful common law damages claim, you’ll need to meet four key criteria:
- Diagnosis: your dust disease must be diagnosed by a qualified medical professional. If you think your diagnosis doesn’t fully reflect the impact of your condition, we can arrange a free second opinion from one of our trusted medical experts.
- Dust exposure: you need a documented history of exposure to harmful dust, whether it occurred at work, at home, or elsewhere. If you’re unsure where you were exposed, our experienced lawyers will take the time to sit down with you, review your history, and conduct a thorough investigation to pinpoint where the exposure occurred.
- Traceable source: once you know where the exposure happened, you must be able to trace your dust exposure back to a specific employer or manufacturer. Using our in-depth experience of dust disease claims, we’ll carefully map out a timeline to find the responsible party. If we find multiple sources, you may have a claim against all of them.
- Causation: your dust disease must be caused by the exposure. This can be tricky, as the exposure may have happened many years ago. But don’t worry — our lawyers have the experience to prove even the most complex dust disease cases. We’ll use our investigative skills and network of medical professionals to directly link your condition and the specific exposure.
On top of these criteria, in Western Australia, your condition may need to meet a minimum level of impairment before you can make a claim.
How much compensation will I receive?
You could receive a lump sum compensation to cover a range of expenses, such as:
- Pain and suffering (the toll the dust disease has taken on your life).
- Loss of expectation.
- Care or support, whether provided by a professional or family and friends.
- Inability to care for dependents, such as children or a spouse.
- Lost income and superannuation (if your condition keeps you from working).
- Out-of-pocket costs, like medical bills, medications, and other expenses related to your dust disease.
How long will my claim take?
The length of your claim will depend on several factors, like the type of condition, when you were exposed to harmful dust, how many parties are responsible, and how well your claim is prepared.
For aggressive diseases like mesothelioma, lung cancer, and laryngeal cancer, most states have special procedures to speed up dust disease claims. In some cases, your claim could be resolved in as little as 2 to 6 months. For example, in NSW, the Dust Diseases Tribunal follows an accelerated process. This includes early information exchange and a focus on prompt settlements.
To get your claim resolved fast, it’s essential to work with an experienced lawyer who knows dust disease procedures inside and out. We take care of everything: from tracing your exposure to building strong evidence and ensuring you meet all deadlines. This thorough preparation helps avoid unnecessary delays and gives your claim the best shot at a quick resolution.
If your condition is serious, we can even request ‘urgent case management’ for you. This special process moves your claim outside the usual tribunal timelines, so it’s prioritised and resolved sooner.
How we can help you
With 25 years’ experience handling dust disease claims, we’ll secure the compensation you deserve. As part of our comprehensive service, we always:
- Explain your rights and what types of compensation you can claim.
- Make sure you get the support and treatment you need.
- Trace your exposure to a specific time and source.
- Prove your case with detailed timelines and strong medical evidence.
- Use our knowledge of dust disease procedures to resolve your claim fast.
- Appeal if your claim gets denied or you receive an unfair settlement.
- Identify any extra entitlements you could have, like a Total and Permanent Disability claim.
- Secure compensation that reflects the full physical, mental and financial toll of your condition.
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