Often in asbestos compensation claims, strong cases can be undermined by strict time limitations. To make matters more complex, states and territories in Australia apply different time limits for one to bring a court claim and a workers’ compensation claim. Failure to comply with these strict limitations can be prejudicial to an individual’s case, and can jeopardise their chances of obtaining compensation.
Which time limits apply?As a general rule, the state in which a person is exposed to asbestos will determine where their claim for compensation should be brought. This, in turn, decides what time limits will apply to the individual’s case. However, difficulties arise when a person is exposed to asbestos in two or more states. In those cases, an Asbestos Law specialist will be required to analyse the case and advise on where best to pursue the claim.
Different rules also exist depending on the type of asbestos compensation claim an individual has. The circumstances of asbestos exposure can give rise to different compensation claims, and whether a court claim or a workers' compensation claim is brought will dictate what time limitations are enforced.
Time limitations across AustraliaA person exposed in New South Wales can lodge a court claim or a workers’ compensation claim without any time limits applying.
Over the border in Queensland, it is a different story. Although the 12-month time limit was recently abolished for Queensland asbestos claims, there remains a strict six-month time limit from the date of diagnosis with an asbestos disease for one to lodge a claim.
Other states and territories vary again. For example, the Northern Territory has recently abolished time limits for asbestos compensation claims, but Western Australia maintains a three-year time limit from diagnosis to lodge a court claim.
These time limits are strictly enforced and a claim lodged even a day late will likely be rejected.
Protect your rightsThe difficulties arising from time limitations can be avoided by following a few simple steps.
If you have been diagnosed with any form of dust disease, whether that be asbestosis or mesothelioma, get in touch with Shine Lawyers’ Asbestos Law practice and your claim will be investigated without delay.
Written by Shine Lawyers on June 15, 2017. Last modified: September 13, 2018.