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If you are a person suffering from an asbestos-related disease, you must obtain a diagnosis from a medical specialist. The diagnosis must include your life expectancy. This information must be included on the medical certificate.
How to make a claim
There are a number of steps to making a claim for compensation.
The application form must be completed, including all necessary attachments, and lodged with the Asbestos Compensation Commissioner. The Commissioner will conduct evidence checks to ensure all the relevant information is available for a determination to be made.
If you have a non-imminently fatal asbestos-related disease (life expectancy more than two years) you will be referred to an impairment assessor to determine your level of impairment. If you are assessed as having 10% or more impairment of the whole person, this information is provided to the Medical Panel (if less than 10% you are put in a holding pattern with annual reviews of your level of impairment and are not entitled to compensation until impairment reaches 10%).
The information you provide is given to the Medical Panel. The Medical Panel answers a number of questions including:
- Does the person have an asbestos-related disease?
- Is the disease reasonably attributable to exposure during employment?
- Does the person have an imminently or non-imminently fatal disease?
- If the disease is non-imminently fatal, what is the person’s impairment and incapacity for work if applicable?
- Is the person likely to recover from the disease?
The Medical Panel then refers its determination to the Commissioner. The Commissioner cannot overturn this determination.
The Commissioner will then determine whether the person was a worker as defined under the legislation and if their employment was connected with the State of Tasmania.
A determination on whether compensation is payable is made within 28 working days of all evidence being provided to the Medical Panel. If the Medical Panel or Commissioner requests further information the time frames do not commence until that further information is provided.
During the course of your claim you may be contacted by an officer of the Commissioner should further information be required. If your claim is successful you will be notified in writing.
A number of documents and other evidence will be required when making an application and may include:
- copies of recent payslips (where relevant);
- copies of any relevant documents in relation to pensions, benefits, allowances;
- copies of any relevant documents in relation to other compensation you may be receiving or have already received;
- a copy of proof of significant or de-facto relationship, or a marriage certificate (where relevant);
- copies of birth certificates or extracts in relation to your children;
- copies of relevant employment details during the time in which you were exposed to asbestos;
- a completed medical certificate;
- relevant test results, x-rays etc (where possible); and
- proof of identity.
Are you a family member of the applicant?
Publications and forms
- Flowchart outlining the application process (IS225)
- Asbestos Compensation in Tasmania: A Guide (GB283)
- Application forms and guidance material
Contacts
- Workplace Standards Helpline
- Asbestos Compensation Commissioner
- Search for an Accredited Medical Practitioner
Assistance
If you require further information about the scheme, please contact the Workplace Standards Helpline on 1300 366 322.
If you need assistance in filling out the application forms you can contact:
Asbestos Free Tasmania
Phone: (03) 6233 7950
Email: info@asbestosfreetasmania.org.au
Asbestos Free Tasmania is a not for profit organisation aimed at supporting former workers who have developed asbestos-related diseases, current workers at risk, and the broader community through education, information, referral and advice. Asbestos Free Tasmania can provide support, assistance and advice for asbestos disease sufferers and their families.
Worker Assist
Phone: 1300 0 ASSIST (1300 0 277478)
Email: workerassist@unionstas.com.au
The Worker Assist program provides key information about compensation, rehabilitation and return-to-work services for Tasmanians navigating workers compensation, including the Asbestos Compensation Scheme.
North West Community Legal Centre Inc.
Phone: (03) 6424 8720
Email: nwclc@bigpond.net.au
The North West Community Legal Centre provides a broad range of legal advice, inlcuding the Asbestos Compensation Scheme, to residents of the North West Coast of Tasmania.