DUST DISEASES

Aluminosis

Asbestosis

Asbestos induced carcinoma

Asbestos related pleural diseases

Bagassosis

Berylliosis

Byssinosis

Coal dust pneumoconiosis

Diffuse dust-related pulmonary fibrosis

Farmers' lung

Hard metal pneumoconiosis

Hypersensitivity pneumonitis

Mesothelioma

Pneumoconiosis (any form)

Silica-induced carcinoma of the lung

Silicosis

Silico-tuberculosis

Systemic sclerosis

Talcosis

No, there is no time limit on when you can bring your claim. Past cases suggest a significant delay between exposure to harmful dust disease causing products and the eventual diagnosis. The Authorities acknowledge the delay and do not impose time limits on bringing dust disease claims. 

It is recommended however, that you seek legal advice and commence your claim as soon as possible. Dust diseases can impact life expectancy.

Yes, you can bring your claim on an expedited basis through the Dust Disease Tribunal (DDT). The DDT understand the nature of dust disease illnesses and provide for an accelerated process which bypasses the usual claims process. The DDT prioritises gravely injured workers.

If you pass away during your claims process, your dependents may be entitled to recover the damages on your behalf. 

You should speak to our experienced lawyers so they can break down the complexities of the scheme and provide you with easy to understand advice. 

MD Law Group can help you with your initial application to get the process started. 

If you have been exposed to dust disease causing products, you will need to undergo a medical examination to determine your level of disability.

If you have been diagnosed with a dust disease, we can assist in preparing your application for compensation. 

No, you may also be entitled to bring a claim in negligence against the employer you were employed with at the time of your exposure or the manufacturer of the products you handled. 

Common law damages claims usually result in far more compensation for injuries sustained. In common law damages claim you may be entitled to claim the following:

• Pain and suffering
• Damages for loss of life expectancy
• Past and future wage loss
• Past and future superannuation loss
• Past and future gratuitous care
• Interest on past and general damages

Yes, wage compensation is considered taxable income for ATO purposes. A PAYG summary is provided to you by the insurer each financial year so you can prepare your tax return. 

Not necessarily, there are exempt workers who cannot bring a claim under the scheme:

1. Commonwealth government workers;
2. Workers contracted and exposed to harmful dust disease causing products outside of NSW;
3. Coal miners, who fall under a different scheme;
4. Workers with Pleural Plaques disease, as it is not reported as a dust disease resulting in a level of disability that would prevent someone from continuing work. 

Under the scheme, dependants can make a claim for compensation arising out of your injuries. They can claim:

1. Funeral expenses up to a maximum of $15,000;
2. Fortnightly wage compensation up to $328.90/week (subject to bi-annual indexation);
3. Lump sum compensation up to a maximum of $398,750 (subject to change in accordance with the regulations);
4. Potential additional amounts payable for other dependants.

Dependants include: 

• Spouses
• Children aged up to 16 years
• Full time students aged up to 21 years
• Other family members such as grandparents, parents, or siblings under certain circumstances.

Yes, you can still make a claim. 

Compensation benefits a proportionately reduced by any factors unrelated to the work related causes that may have caused your dust disease, like smoking or exposures in workplaces outside of NSW.