Dust Diseases Claims

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Bernard McHardy has over 30 years experience undertaking dust diseases litigation for residents of NSW and beyond including private international law action for citizens of NZ that went all the way to the High Court of Australia

In times of illness the last thing you need is more stress and worry. Sensitivity to that concern is Bernard’s focus. The experience of many years and a caring attitude are the combination that makes Bernard well-suited to representing you in the Dust Diseases Tribunal of NSW. He knows the law. He understands the evidence that is required and when it is necessary. He knows the right experts to go to, to provide the tribunal with the evidence that might be relevant or necessary.

If visiting our office is too difficult then Bernard will meet at your home or in hospital if necessary.

Typical Claims

Asbestosis
Asbestos-related pleural diseases and pleural plaques
Mesothelioma
Asbestos related lung cancer
Silicosis and silica-related disease

Can I make a Dust Diseases Compensation Claim?

If you were exposed to asbestos as the result of the negligence of:-

A manufacturer or supplier of asbestos products; or
The occupier of a premises; or
An employer and have suffered an asbestos-related illness as a result, then you can make a compensation claim against the manufacturer, supplier, occupier or employer or sometimes against the insurer of the wrongdoer.

Can I claim for work related dust disease?

Yes. If you have been a worker in NSW exposed in the course of your employment to asbestos, and have been diagnosed with an asbestos-related illness, you have statutory rights to compensation.

Can I claim for non-work related dust disease?

Yes. If exposure to asbestos causes you an asbestos-related illness and this exposure occurred outside of the workplace because of the negligence of a responsible party who knew or ought to have known of the risk, then you can claim against that party.

What does it cost to make a claim?

There will be no legal costs unless and until we have successfully recovered compensation from the wrongdoer.

How long will my claim take to complete?

Claims for malignant and non-malignant illness are regulated by a timetable that ensure claims are dealt with according to the urgency of each case. Namely claims are finalised within 6 months but in cases of urgency the process will be quicker.

Can I claim for someone who has died from dust diseases?

Yes. Claims can be made by dependants for compensation to relatives. If a person’s claim has been commenced in the Dust Diseases Tribunal, before he or she dies, the estate can continue that claim.

What does it cost to make a claim?

There will be no legal costs unless and until we have successfully recovered compensation from the wrongdoer.

Statutory Rights

Dust Diseases Care-The Workers’ Compensation (Dust Diseases Authority) of NSW (“DDA”) [see at www.icare.nsw.gov.au] deals with applications from workers pursuant to statutory provisions in the Workers’ Compensation (Dust Diseases) Act 1942 and the Workplace Injury Management and Workers Compensation Act 1998. A NSW worker suffering from specified dust related illnesses may be entitled to a pension payment of medical expenses and other benefits and should make a claim to the DDA. In the event of a death causally related to employment exposure to asbestos, dependents may also have statutory rights.

Common Law Action

Besides and beyond those statutory rights available to a worker exposed to asbestos and suffering injury, there is a common law right to sue. The common law right arises when a responsible party negligently exposes any person to the risk of inhalation of asbestos dust and fibre. Of course, this right to sue only exists if and when that exposure results in an asbestos related disease.

Claims of this type are made in the Dust Diseases Tribunal of NSW (“DDT”). The DDT has operated since 1989 as the tribunal with exclusive jurisdiction to hear claims for dust related diseases.

Many of these claims will be by workers exposed during their employment. Many will be by people against manufacturers or suppliers of asbestos products or occupiers of premises responsible for exposure to asbestos outside of the workplace.