Who Can I Claim Against?
If you were exposed to asbestos at work in New South Wales then you have the right to make a claim on the Dust Diseases Authority of NSW (“the DDA”) which administers a statutory compensation scheme established by the Workers Compensation (Dust Diseases) Act, 1926. A successful applicant receives a pension, reimbursement of medical expenses and other benefits which are discussed in greater detail below.
Your right to compensation depends on the circumstances in which you were exposed to asbestos.
If you were exposed to asbestos at work you can also make a claim for lump sum compensation in negligence against your former employer, the manufacturer of the asbestos products or the occupier of the site at which the worker was exposed to asbestos. These claims are lodged in the Dust Diseases Tribunal of NSW (“the DDT”) which was established in 1989 specifically to handle claims for compensation by those who had developed a variety of dust related diseases.
If you were exposed to asbestos at work then you can make a claim on both the DDA for statutory compensation and claim lump sum compensation at common law through the DDT.
If your exposure to asbestos occurred outside of work, for example, during the course of home renovation or home building work, then you claim against the manufacturer of the asbestos products you were exposed to through the DDT. There is no entitlement to make a claim on the DDA.