- Civil Liability (Provisional Damages for Dust Diseases) Bill 2024 passes through State Parliament
- Reforms to provide dust disease sufferers access to just and fair compensation
Western Australians diagnosed with diseases caused by exposure to asbestos or silica will have improved access to compensation following the passage of laws in State Parliament.
The landmark reforms have been welcomed by key advocates as an important step towards ensuring those who suffer from these insidious and often fatal diseases are given fair and just access to compensation.
As the law stood, people who suffered personal injury because of exposure to asbestos or silica dust were awarded damages on the basis of the ‘once-and-for-all’ rule. That meant that if the person developed a new disease from the same cause, such as mesothelioma, they could not seek further damages at a later date.
The new provisional damages regime will result in improved access to compensation, by allowing people diagnosed with dust disease to seek subsequent damages awards under certain circumstances.
As stated by Premier Roger Cook:
“The risks of asbestos-related diseases are well known, as is the historical significance of the disease on the Western Australian community.
“The tragic legacy of asbestos, however, is not over and, in addition to that, we are now seeing an emerging trend of cases of silica-related dust diseases in our State.
“Given the special nature of asbestos and silica, in that one exposure event can lead to multiple, different diseases, the usual way of awarding damages on a once-and-for-all basis is inappropriate.
“Inhalation of asbestos or silica can cause a number of debilitating diseases, some of which are latent and do not occur until many years after exposure.
“These important reforms will improve access to compensation for plaintiffs who suffer from dust diseases caused by the inhalation of asbestos or silica dust.
“These reforms are further evidence of Labor’s commitment to ensuring justice for working people people deserve to be safe at work and whether it’s strengthening penalties to protect retail workers or improving access to just compensation, our Government will do it.”
As stated by Attorney General John Quigley:
“Under the previous regime, Western Australians afflicted with asbestosis and silicosis faced a difficult choice – either pursue a claim immediately, risking the loss of compensation for a potentially fatal disease down the line, or refrain from action, risking the possibility of receiving no compensation for their current ailment.
“To address this inequity, Western Australia has joined several other jurisdictions in adopting legislation introducing provisions for provisional damages.
“These reforms will, in most circumstances, remove barriers to fair compensation for individuals afflicted with dust diseases resulting from past, present or future exposure to asbestos or silica dust.
“The changes aim to strike a balance between considering the unique circumstances of asbestos and silica dust disease sufferers and the uncertainty and liability created for defendants.
“I’d like to acknowledge those who have advocated for these changes for many years.”
