Are you in VIC? If not, please change below.

In your state, you are required to confirm you wish to access this information. Please enter 'QLD' or 'WA' in the field below to continue.

No thanks

Time limitations for asbestos disease compensation

Asbestos nail in roof banner | Shine Lawyers

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 Australia

A 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 rights

The difficulties arising from time limitations can be avoided by following a few simple steps.

If you believe you have been in contact with asbestos, no matter how recently, register with Shine Lawyers’ Australian Asbestos Register to document your exposure and protect your rights.

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 . Last modified: August 17, 2018.

Join the discussion

Share this article:

There are 0 comments. Be the first!

Silicosis: Government Urges Workers to Get Tested

In the wake of the troubling resurgence of silicosis, Shine Lawyers has been spearheading the push for governments around Australia to recognise the dangers of benchtop cutting. (If you have been exposed to silicosis dust without proper protective equipment, regardless of how recently, submit your details to our Silicosis Exposure Register.) As a result of […]

Read more

Asbestos in the workplace: What are your duties as an employer?

Asbestos is a term used for a range of naturally-occurring, fibrous, silicon-based minerals. These highly versatile minerals were once used across many industries, until the health risks associated with inhaling asbestos fibres became apparent. Although Asbestos was banned in Australia in 2003, it is still commonly found in many workplaces. According to Safe Work Australia, […]

Read more

DIY home renovators: The third wave of asbestos victims

Between 1945 and 1975, Australia was the largest consumer of asbestos products per capita in the world. We mined it, manufactured it and used it extensively across the country. Lauded for its versatility, asbestos was attractive to many industries, particularly construction. Exposure to dust was considered a normal part of the job. It wasn’t until […]

Read more

Case study: Landmark decision for asbestos victim in Northern Territory

After a David and Goliath battle, the entitlements for sufferers of asbestos-related illnesses have now been confirmed in the Northern Territory. Shine Lawyers has secured a High Court ruling that will define the law and entitlements of asbestos victims in the Northern Territory, ensuring they can access compensation for their injuries. The High Court ruling […]

Read more