Applicants and their family members

Eligibility to claim

To be entitled to compensation (under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011), a person must be or must have been a worker at the time of exposure to asbestos.

You may still be eligible even if you have retired from the workforce.

You may be eligible for compensation if:

  • you have been diagnosed with an asbestos-related disease; and
  • you were exposed to asbestos fibres whilst employed in Tasmania; and
  • you have not previously received any compensation (including through a common law settlement) for the asbestos-related disease they are applying for.

Making a claim

Diagnosis

If you have been diagnosed with an asbestos-related disease and you believe it is caused by exposure at work, you should seek a referral to a medical specialist who specialises in asbestos-related diseases. This specialist will provide you with the required medical certificate. 

Submit an application

Complete Form 1 which you can download below and submit this to the Asbestos Compensation Commissioner, along with all evidence required.

Timeframes

If you have an asbestos-related disease and have less than 2 years life expectancy due to that disease, you must apply for compensation within 12 months of correct diagnosis.

There are no time frames for application for other asbestos-related diseases.

However, if you have failed to submit your application in this timeframe, you may apply for a 12 month extension by completing Form 5.

Forms and information

Form 1: Asbestos-related diseases - Claim for compensation (Worker) (pdf, 1.7 MB)

Flow chart - Worker application process flow chart (pdf, 288.0 KB)

Form 5: Extension of time to lodge application (pdf, 311.4 KB)

Search for an accredited provider

Asbestos Compensation Commissioner contact details

Claiming for a deceased family member

Certain family members of a worker who has died from an asbestos-related disease may be eligible for compensation if:

  • that person is a member of the family of a worker who has died from an asbestos-related disease; and
  • the deceased worker would have been eligible for compensation if they were still alive.

Submit an application

If a family member has died of suspected asbestos-related disease, you can complete the following application form and submit this to the Asbestos Compensation Commissioner (along with all evidence required ) within 12 months of their death.

A member of the family of the deceased worker is defined (under the laws) as:

  • a spouse of the person, or
  • a person who has not attained the age of 22 years and who is

i. a natural child of the person; or

ii. a child who has been adopted by the person; or

iii. a stepchild nominated by the worker. 

Timeframes

You have 12 months to apply for compensation from the time of your family member's death.

However, if you have been unable to submit the application within the specified time frame, you can apply to the Commissioner. The Commissioner must be satisfied that there was a reasonable cause for the failure to make an application for compensation within the 12 month period.

Forms and information

Form 2: Asbestos-Related Diseases - Claim for Compensation (Member of the Family) (pdf, 1.3 MB)

Form 5: Extension of time to lodge an application (pdf, 311.4 KB)

Flowchart - Member of family of deceased worker application process (pdf, 200.9 KB)

Hiring a lawyer

You are not required to seek legal assistance before submitting your claim.

However, you may choose to do so if you wish.

What you can claim for

A range of reasonable medical and other expenses may be paid for a person with a compensable disease including

  • funeral expenses,
  • medical expenses, and
  • travel expenses where they relate to approved travel for medical purposes.

Forms and information

Form 3: Medical services claim form (pdf, 614.9 KB)

Form 4: Request to change bank account and/or personal details (pdf, 218.0 KB)

Form 6: Funeral benefit claim (pdf, 354.3 KB)

Other compensation 

If you have applied for compensation under the Asbestos- Related Diseases (Occupational Exposure) Compensation Act 2011 and subsequently receive compensation under another compensation scheme (such as the workers compensation scheme), you must notify the Asbestos Compensation Commissioner.

You must do this within 20 business days of receiving the other compensation. Complete Form 7 below and forward to the Commissioner.

Failure to do so may result in you being penalised..

Forms and information

Form 7: Notice of receipt of compensation under other legislation (pdf, 374.6 KB)

Asbestos Compensation Commissioner contact details

Common law action

You must apply for compensation under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 and receive a determination by the Asbestos Compensation Commissioner before you can begin an action for common law damages.

You must also notify the Asbestos Compensation Commissioner if you receive

  • damages,
  • a judgement, or
  • a settlement

at common law for the asbestos-related disease you have received compensation for. 

In both cases you must notify the Asbestos Compensation Commissioner within 20 business days of lodging an action or receipt of compensation. This can be done by completing Form 8 and forwarding to the Commissioner.

Failure to do so may result in you being penalised.

Form 8: Notice of common law action (pdf, 374.6 KB)