Workers' compensation claims

For most South Australians who become sick as a result of their exposure to asbestos dust and fibre, a common law claim will be available and will be the best option. However, for some, a worker's compensation claim may be their only entitlement to claim compensation.

Most persons exposed to asbestos or other dusts in South Australia will have a right to bring a claim at common law. If your injury was caused by exposure to asbestos or other dusts after 30 September 1987, then you may be precluded from bringing a claim against your employer at common law by the Workers' Rehabilitation & Compensation Act 1986.

Even those workers who are limited to workers compensation claims against their employers may still be able to sue an occupier or a supplier at common law for any exposure that occoured in the course of that employment.

If you were exposed to asbestos or other dusts prior to 30 September 1971, then you may be able to bring a claim under the Workers Compensation Act, 1971. The maximum amount of compensation payable under this Act is $40,000 plus medical expenses and, in some cases, loss of earnings.

If you recover any damages at common law then you must repay any monies received for a claim brought under any Workers' Compensation Act that applies in South Australia.

If you live in South Australia but you were exposed to asbestos elsewhere, you may have additional rights to receive compensation.

Turner Freeman is able to advise clients as to the benefits of a common law claim or workers' compensation claim to ensure that you and your family receive the best outcome.