Asbestos and other dust diseases often appear decades after the exposure that caused them. A diagnosis of mesothelioma, asbestosis, asbestos-related lung cancer or silicosis can support a compensation claim against the employers, manufacturers or suppliers responsible, and these claims are handled differently from most injury claims because of how quickly some of these diseases progress.
Diseases that can support a claim
- mesothelioma
- asbestosis
- asbestos-related lung cancer
- diffuse pleural thickening and other asbestos-related pleural disease
- silicosis and other silica-related disease, including from engineered stone
Where exposure happens
Asbestos was used widely in Australian building products, brake linings, insulation and industrial plant until it was banned nationally in 2003. Exposure is common among tradespeople, builders, mechanics, power station and railway workers, and people who renovated older homes. It also happens second-hand, for example to family members who washed a worker’s clothes. Silica exposure is common in stonemasonry, benchtop fabrication, tunnelling, mining and construction.
Who a claim can be made against
Depending on how the exposure happened, a claim may be available against a former employer, a manufacturer or supplier of asbestos products, or an occupier of premises where you were exposed. Where a worker was exposed at work, workers compensation entitlements may also apply. Many former employers and manufacturers no longer exist, but their insurers or compensation funds often remain responsible.
Why speed matters
Some dust diseases, mesothelioma in particular, can progress quickly. Claims can often be fast-tracked, and your own evidence about where and how you were exposed is the most valuable part of the case. Recording that evidence early protects your claim and your family’s position.
Claims by family members
If a person dies from a dust disease, their estate and dependants may have claims, including for loss of financial support. The rules on what survives death are specific to South Australia, so get advice promptly.
Time limits
Time limits for dust disease claims can work differently from other injury claims. Do not assume time has run out because the exposure was many years ago. Get advice as soon as you receive a diagnosis.
What you can claim
- medical, treatment and palliative care costs
- lost income and loss of earning capacity
- care and assistance, including care provided by family
- pain, suffering and loss of life expectancy
Immediate practical actions
- Keep copies of your diagnosis, scans and specialist reports.
- Write down every job, employer, worksite and product you remember, with approximate dates.
- List co-workers who can confirm the conditions you worked in.
- Keep receipts for treatment, travel and care.
- Speak with a lawyer before giving any statement to an employer or insurer.
Related pages
- Injury & Compensation Lawyers
- Workers compensation and workplace injury
- TPD and superannuation claims
Frequently asked questions
Can I claim if my exposure was decades ago?
Often yes. Dust diseases usually develop 20 to 40 years after exposure, and the law recognises that. The date of diagnosis is usually more important than the date of exposure.
What if my old employer no longer exists?
A claim may still be possible against the employer’s insurer, other responsible companies or a compensation fund. We investigate who is responsible as part of the claim.
Can my family claim after I die?
Family members and the estate may have claims. Starting a claim during the person’s lifetime can also matter for what can be recovered, so early advice is important.
Can I also claim on my superannuation TPD cover?
Possibly. A dust disease claim and a TPD or terminal illness claim under superannuation insurance are separate, and you may be entitled to both.