KEY TAKE AWAYS:
- What is considered to be a dust disease pursuant to the NSW Workers Compensation scheme?
- Discover what compensation you may be eligible to receive for sustaining a dust disease during the course of your employment.
- How Coutts Lawyers and Conveyancers can help you claim compensation for a work-related Dust Disease.
What is a Dust Disease?
The Workers’ Compensation (Dust Diseases) Act 1942 provides a list of recognised dust-related diseases for which a worker may claim compensation for. Such diseases include, but are not limited to, the following:
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Asbestosis and asbestos-related diseases
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Coal dust pneumoconiosis
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Silicosis
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Silico-tuberculosis
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Diffuse dust-related pulmonary fibrosis
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Farmers’ lung
Dust diseases are a type of respiratory and lung disease caused by inhaling harmful products in dust form, which normally occurs in work environments. Dust diseases are progressive and generally develop over a period of time, with some symptoms including shortness of breath, persistent cough, or chest pain.
As dust diseases are common in trades and coal mines, it is important that you consult your treating doctor if you believe that you are suffering from a dust disease.
Common workplaces where dust diseases are normally contracted may include:
- Construction sites (residential and commercial)
- Coal mines
- Trucking industries
- Stone manufacturing sites
How to Claim Compensation for a Dust Disease
If you have sustained a dust disease under the Workers’ Compensation (Dust Diseases) Act 1942, you may be eligible to claim compensation. In New South Wales, compensation may be claimed through the statutory scheme or under common law.
The statutory scheme is known as ‘Dust Diseases Care’ and is administered by iCare Insurance. This scheme is known as a ‘no-fault’ scheme, meaning that it is not required for you to prove that your employer was negligent in order to be granted compensation. To be eligible to receive compensation under the statutory scheme, you must meet the following criteria:
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You are to have been diagnosed with one of the dust-related diseases as set out in Workers’ Compensation (Dust Diseases) Act 1942 by your treating doctor or specialist; and
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You must be able to provide employment history that evidences your exposure to dangerous particles within a work environment in New South Wales; and
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You must be able to establish that your dust-related disease has caused an incapacity for you to return to your employment.
By electing to pursue this, you will likely receive weekly payments from the Insurer for the period that you are unable to return to employment, the coverage of related medical expenses and domestic assistance, and death benefits may also be issued to any dependants that you have if you unfortunately pass away due to a dust-related disease incurred in the workplace.
Unlike general workers’ compensation claims, you are unable to claim a lump sum compensation under the statutory scheme for dust-related diseases. If you wish to claim a lump sum, this must be pursued through a common law claim.
You may also be eligible to pursue a common law claim within the Dust Diseases Tribunal of New South Wales. It is within a common law claim where you can claim damages for economic and non-economic loss, provided that your dust-related disease was caused by the negligence of your employer.
How Long Do I Have to Make a Claim?
Compensation claims for dust diseases do not have a limitation period, meaning that you can make the claim whenever you are eligible to do so.
Case Study: Armitage v State of New South Wales [2023]
The case of Armitage v. State of New South Wales [2023] NSWDDT 3 exemplifies the success of common law claims brought before the Dust Diseases Tribunal. The claim was brought on behalf of the deceased’s (‘the Applicant’) daughter, who unfortunately contracted mesothelioma from asbestos dust merely from laundering and handling her deceased husband’s work clothes.
The Applicant’s husband worked for the New South Wales Department of Railways from 1962 to 1970, and within his role, was required to handle, install, remove, and work with insulation and other materials that contained particles of asbestos.
The Dust Diseases Tribunal determined that the New South Wales Department of Railways would have been able to reasonably foresee the risk imposed and therefore found in favour of the Applicant. The Dust Diseases Tribunal ordered compensation in the form of general damages, interest on the damages, loss of life expectancy, gratuitous care and assistance damages, which totalled to $605,296.32.
How Can Coutts Help You?
Coutts Lawyers and Conveyancers have a dedicated team of Injury Compensation experts that can assist you in claiming compensation for dust-related diseases contracted during the course of your employment.
If you or someone you know has been affected by dust diseases, reach out to the friendly and knowledgeable team at Coutts Lawyers and Conveyancers today.
ABOUT KARENA NICHOLLS:
Karena is a Partner at Coutts and is the Head of our Injury Compensation (with extensive knowledge in personal injury) and Employment Law teams. She is passionate and dedicated to helping her clients understand their rights and obligations and advising them on the best course of action to achieve their desired outcomes. It is her practical and client-oriented approach that has contributed to her authentic reputation positioning her as a highly regarded compensation and employment lawyer.
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