Western Australia has taken a significant step forward in ensuring fair compensation for victims of dust-related diseases.
The state parliament has passed groundbreaking legislation that will improve access to compensation for individuals diagnosed with diseases caused by exposure to asbestos or silica.
The new law, known as the Civil Liability (Provisional Damages for Dust Diseases) Bill 2024, modifies the previous ‘once-and-for-all’ rule that limited compensation claims.
Under the old system, individuals who developed a new disease from the same exposure could not seek additional damages.
The new provisional damages regime allows for subsequent claims under certain circumstances, providing a more just approach to compensation.
Premier Roger Cook emphasised the importance of these reforms, stating: “The risks of asbestos-related diseases are well known, as is the historical significance of the disease on the Western Australian community.
“These important reforms will improve access to compensation for plaintiffs who suffer from dust diseases caused by the inhalation of asbestos or silica dust.”
Attorney General John Quigley highlighted the challenges faced by dust disease sufferers under the previous system.
He explained: “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.”
The legislation addresses the unique nature of asbestos and silica-related diseases, which can manifest years after exposure.
It aims to strike a balance between the needs of victims and the concerns of defendants regarding liability and uncertainty.
This reform aligns Western Australia with several other jurisdictions that have adopted similar provisions for provisional damages.
It represents a significant victory for advocates who have long campaigned for these changes.
The passage of this legislation underscores the government’s commitment to workplace safety and fair compensation for workers affected by occupational hazards.
As Premier Cook stated: “These reforms are further evidence of Labor’s commitment to ensuring justice for working people — people deserve to be safe at work.”
With the implementation of this new law, Western Australians affected by dust diseases can now pursue compensation with greater confidence, knowing that their rights to fair and just compensation are better protected.
