Can I make a compensation claim if I use to work with dust such as asbestos or silica?

Yes, if you have been exposed to hazardous dust (or similar substances) like asbestos or silica in the workplace and have suffered injury or illness as a result, you may be eligible to make a compensation claim in New South Wales (NSW). Here's some information regarding compensation claims for workplace-related injuries or illnesses caused by exposure to hazardous substances:

Workers Compensation: In NSW, workers who suffer work-related injuries or illnesses, including those caused by exposure to hazardous dust (or similar substances) like asbestos or silica, are generally covered by the state's workers compensation scheme. Workers compensation benefits can include wage replacement, medical expenses, rehabilitation, and lump sum compensation for permanent impairment, although some differences arise when dealing with dust-related injuries or illnesses.

Asbestos-Related Diseases: Exposure to asbestos fibres can lead to serious health conditions such as mesothelioma, lung cancer, and asbestosis. Individuals diagnosed with asbestos-related diseases may be eligible to make a compensation claim through the Dust Diseases Authority (DDA) in NSW. The DDA provides compensation and support to people suffering from dust-related diseases due to workplace exposure.

Silica-Related Diseases: Exposure to silica dust, commonly found in industries such as mining, construction, and manufacturing, can cause respiratory conditions such as silicosis. Workers who develop silicosis or other silica-related diseases due to workplace exposure may be eligible for compensation through the workers compensation scheme or other avenues, in a similar manner to asbestos-related illness.

Legal Assistance: If you believe you have a valid compensation claim for a workplace-related injury or illness caused by exposure to hazardous substances, it's advisable to seek legal advice from one of our specialist workers compensation lawyers. We can assess your case, explain your rights and options, and guide you through the claims process.

Time Limits: It's important to be aware that there are strict time limits for making compensation claims in NSW. Dust diseases are considered latent injuries (arise after a delay). Therefore, where a claim concerns a dust disease, you must file the claim before the time of your death. Given that dust diseases can advance quickly, it is essential to act promptly to ensure that you (or your family) don't miss out on your entitlements.

If you have been exposed to hazardous substances in the workplace and have suffered injury or illness as a result, it's essential to seek medical attention and legal advice as soon as possible to protect your health and rights.

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