Exposure to asbestos outside of the workplace
Claims for compensation for asbestos related disease as a consequence of exposure to asbestos outside of the workplace are always claims by victims with mesothelioma. Such claims generally involve exposure to asbestos as a consequence of home building or renovation work, washing a spouse’s clothing or visiting sites where asbestos products were being made or used.
These claims are almost always made against the manufacturer of the asbestos products concerned or the occupier of the site where the exposure took place.
The procedure for claims for compensation for asbestos disease where the exposure occurred outside of the work place is exactly the same as it is where the exposure took place in the work place. All such claims are filed in the DDT and are subject to the claims resolution process. The only difference is that the victim of asbestos disease where the exposure occurred outside the workforce is ineligible to make a claim for compensation on the DDA as the DDA only covers workers who were exposed to asbestos during the course of their work in NSW. However, the victim of asbestos related disease from exposure to asbestos outside the work place can claim all medical and related costs as part of the lump sum claim in negligence.