Workers’ compensation claims

For persons exposed to asbestos in paid employment in Western Australia, two main compensation entitlements are available.  The first is a workers’ compensation claim and the second entitlement is a court claim for damages which can be against an employer or manufacturer of asbestos products.  Generally speaking greater entitlements are available through court claims than through workers’ compensation claims.

However, a person’s right to bring a common law claim against his or her employer is restricted under the Workers Compensation and Injury Management Act 1981 (WA).  A person must be assessed by a Medical Panel convened by WorkCover WA as having at least a 15% impairment before he or she is entitled to bring common law proceedings.  The amount of damages is also restricted at common law if a person is assessed as having between 15% and 25% impairment.  Damages are unrestricted at common law where a person has more than a 25% impairment.

For some persons a workers’ compensation claim may be their only entitlement to damages where for example due to the circumstances of their exposure negligence cannot be proven.  Workers’ compensation claims are a no fault scheme meaning it is not necessary to prove negligence against a person’s employer or the manufacturers of the asbestos products.  Therefore, although the compensation is less through a workers’ compensation claim it provides a risk free alternative for persons who cannot pursue damages at common law.

If you live in Western 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.