Asbestos Law/Dust Disease
If you have developed a condition such as Mesothelioma, Asbestos Related Pleural Disease (ARPD), Asbestosis, silicosis, coral dust pneumoconiosis or asbestos induced cancer, these are know as dust disease claims.
Our compensation lawyers may be able to pursue compensation for you through the two systems we have in NSW.
Dust Diseases Board of NSW
You are entitled to make a claim upon the Dust Diseases Board of NSW if you can satisfy the following cirteria:
- that the relevant time of your exposure to dust you were employed in NSW;
- that you have been exposed to dust such as asbestos or silica; and
- you have contracted a nominaed disease such as mesothelioma, asbestosis, asbestos related plaural disease or silicosis or coral dust pneumoconiosis.
You will be entitled to be paid weekly payments of comopensation by the DDB and have all of your hospital, medical, pharmaceutical and related expenses paid for if you meet the criteria.
A claim does NOT affect your potential entitltment to claim damages at "common law" in respect of the negligence of your employer(s) or manufacturer of asbestos products. Whilst you are not required to prove fault in order to become entitled to receive compensation, you are required to prove fault in order to succeed in an action of negligence against your employer(s) at common law.
Dust Diseases Tribunal of NSW
You may also be entitled to bring an additional claim for damages (a form of compensation) in the Dust Diseases Tribunal of NSW. The Dust Diseases Tribunal is a Court set up specifically to handle asbestos and other dust disease claims.
In these types of claims it is necessary to show tha tone or more of your employers or manufacturers of asbestos products were negligent and that, as a consequence of that negligence, you have sustained an asbestos or dust disease. It is often not too difficult to show that an employer or manufacturer should have known of the dangers of asbestos. The dangers of asbestos and the effects whih it has on some people's health has been known for many decades.
If you are awarded a lump sum of damages from the Tribunal, your rights to weekly benefits and medical expenses from the Dust Diseases Board continues. This means that you can recceive the lump sum, still have the Dust Diseases Board pay for your medical expenses and still receive a weekly benefit.