How We Can Help

Dust diseases are not limited to construction sites and mines.

While many clients were exposed at work — in construction, tunnelling, stonemasonry, manufacturing or mining — others were exposed in different ways, including:

• Washing a spouse’s asbestos-contaminated work clothes
• Home renovations involving asbestos products
• Living near industrial sites
• Environmental exposure to silica or asbestos dust

NSW law recognises that dust exposure does not always occur inside the workplace.

Compensation may be available through:

• Workers compensation (iCare NSW) – for workplace exposure; and/or
• A negligence claim through the Dust Diseases Tribunal of New South Wales – for workplace and non-workplace exposure

Unlike standard personal injury claims, dust disease matters in NSW are handled within a specialised legal system designed specifically for asbestos and other dust-related conditions.

You may be eligible for compensation in NSW if:

• You were exposed to silica dust, asbestos, coal dust or other hazardous dust
• You have been diagnosed with a dust-related lung disease
• Your exposure occurred in a NSW (and other States or Territories of Australia)

Eligibility does not depend on whether:

• You were directly employed by the responsible party
• The exposure happened at home rather than at work
• The exposure occurred many years ago
• The employer or manufacturer still exists

Common concerns such as “dust disease claim eligibility NSW” or “how to prove dust exposure for compensation” are completely understandable. Each case turns on medical and exposure evidence — and we assist in gathering and proving both.

Workplace Exposure

Workers diagnosed with a dust disease may be entitled to:

• Weekly payments
• Medical and treatment expenses
• Lump sum permanent impairment compensation

These claims are generally administered through iCare’s Dust Diseases Care scheme. At Carter Hawkins, we offer to assist you with your iCare claim at no charge to you.

In addition to an iCare claim, a negligence claim may be brought through the Dust Diseases Tribunal of New South Wales.

We also act in claims involving:

• Secondary asbestos exposure (for example, washing a partner’s contaminated work clothes)
• Home renovation exposure
• Exposure to asbestos-containing building materials
• Environmental or neighbourhood exposure

These claims are typically brought as negligence claims through the Tribunal against manufacturers, occupiers or other responsible entities.

Importantly, you do not need to have been formally employed by the negligent party to bring a claim.

For detailed information about specific conditions, visit our dedicated Dust Diseases page.

We regularly act in claims involving:

• Silicosis (engineered stone, tunnelling, construction)
• Asbestosis and asbestos-related lung disease
• Mesothelioma
• Black lung disease (coal workers’ pneumoconiosis)
• Other occupational lung diseases

Many people search “how to claim dust disease compensation” because the system can seem complex. In NSW, there are generally two possible pathways, depending on the exposure.

1. Workers Compensation (iCare NSW)

Available for workplace exposure only. This can include:

• Weekly income payments
• Medical expenses
• Lump sum compensation

Carter Hawkins Lawyers provides free assistance in lodging iCare workers compensation claims.

2. Common Law Damages – Dust Diseases Tribunal

For both workplace negligence and non-workplace exposure claims, proceedings may be brought in the:

Dust Diseases Tribunal of New South Wales

A successful claim may include compensation for:

• Pain and suffering
• Economic loss
• Medical expenses
• Care and assistance
• Family dependency (in fatal cases)

These claims can result in significant lump sum settlements or court awards.

Dust diseases often develop decades after exposure.

Unlike many other personal injury claims:

• Strict limitation periods frequently do not apply in the usual way
• Claims can often proceed long after exposure occurred

However, early legal advice is important — particularly in serious conditions such as mesothelioma where claims are managed urgently by the Tribunal, as sometimes time limits and other rules requiring urgent filing of court documents applies.

If a loved one has passed away due to a dust disease — whether from workplace or non-workplace exposure — family members may be entitled to bring a dependency claim.

These may include compensation for:

• Loss of financial support
• Funeral expenses
• Loss of services
• Estate claims for pain and suffering

We handle these matters with care, sensitivity and urgency.