At RMB, our specialist compensation lawyers may be able to secure compensation for you if you have developed a condition such as Mesothelioma, Asbestos Related Pleural Disease (ARPD), Asbestosis, silicosis, coral dust pneumoconiosis or asbestos induced cancer. These are know as dust disease claims.
Our compensation lawyers may be able to pursue compensation for you through the two systems we have in NSW.
icare Dust Diseases of NSW
You are entitled to make a claim upon icare Dust Diseases ("icare") if you can satisfy the following criteria:-
- That at the relevant time of your exposure to dust you were employed in NSW;
- That you have been exposed to dust such as asbestos or silica; and
- You have contracted a nominated disease such as mesothelioma, asbestosis, asbestos related pleural disease or silicosis or coral dust pneumoconiosis.
If the above criteria are met you will be entitled to be paid weekly payments of compensation by icare and have all of your hospital, medical, pharmaceutical and related expenses paid for.
The entitlements of weekly compensation payments continues for the rest of your life. In the event your death is caused by the asbestos condition, then your dependant may claim lump sum compensation from icare, together with weekly payments of compensation.
A claim upon icare does NOT affect your potential entitlement to claim damages at "common law" in respect of the negligence of your employer(s) or the manufacture of asbestos products. Whilst you are not required to prove fault in order to become entitled to receive compensation from icare, you are required to prove fault in order to succeed in an action of negligence against your employer(s) at common law.
Dust Diseases Tribunal of NSW
You may also be entitled to bring an additional claim for damages (a form of compensation) in the Dust Diseases Tribunal of NSW. The Dust Diseases Tribunal is a Court set up specifically to handle asbestos and other dust disease claims.
In these type of claims it is necessary to show that one or more or your employers or manufacturers of asbestos products were negligent and that, as a consequence of that negligence, you have sustained an asbestos or dust disease. It is often not too difficult to show that an employer or manufacture should have known of the dangers of asbestos. The dangers of asbestos and the effects which it has on some people’s health has been known for many decades.
If you bring a successful claim in the Dust Diseases Tribunal (most claims are settled without having to go to "court") you will receive a lump sum of damages (compensation).
If you are awarded a lump sum of damages from the Tribunal, your rights to weekly benefits and medical expenses from icare Dust Diseases continues. This means that you can receive the lump sum, still have icare Dust Diseases pay for your medical expenses and still receive a weekly benefit.
If you have an asbestos disease or dust disease RMB's compensation lawyers can help you secure the compensation you are entitled to.
If you would like for one of our expert compensation lawyers to help you, please place your details in the area below and we will contact you as soon as possible and within one business day at the latest.