Feb 2022: The second independent review of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 has begun.
Tasmania’s asbestos compensation scheme provides compensation to workers with:
- an imminently fatal asbestos-related disease: that is, you have less than two years life expectancy, and
- a non-imminently fatal asbestos-related disease; that is, you have more than two years life expectancy.
Follow these steps to check your eligibility and lodge a claim.
Step 1: Confirm eligibility
To be eligible to receive asbestos compensation, you must be or must have been a worker as defined by the legislation (external link) 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 while employed in Tasmania, and
- you have not previously received compensation, including through a common law settlement, for the asbestos-related disease that you are claiming for.
Step 2: Get a medical certificate
If you have been diagnosed with an asbestos-related disease and you believe it was caused by exposure at work, you should seek a referral to a medical specialist who specialises in asbestos-related diseases.
Your specialist will be able to provide you with the correct medical certificate Form 9a: Initial Medical Certificate for Asbestos-Related Disease Compensation (PDF, 533.8 KB) to submit with your application.
Step 3: Check timeframes
Following diagnosis of an asbestos-related disease, where your life expectancy due to that disease is:
- less than two years: you have 12 months to apply for compensation from when you received your medical certificate
- more than two years: there are no time limits to apply for compensation.
In special circumstances, you may request to have timeframes extended. To apply for an extension, complete the Extension of Time to Lodge Application form (PDF, 311.4 KB) and submit it to the Asbestos Compensation Commissioner.
Step 4: Gather documents and evidence
To make your application, you must use Form 1: Asbestos-Related Diseases – Claim for Compensation – Worker. (PDF, 1.7 MB)
You must also provide a medical certificate with a diagnosis from a medical specialist. The certificate must include your life expectancy. Use Form 9a: Initial Medical Certificate for Asbestos-Related Disease Compensation (PDF, 533.8 KB).
You must provide the following information (where relevant) with your application:
- recent payslips
- documents for pensions, benefits, allowances
- documents for other compensation or settlements received
- proof of significant or de-facto relationship, or a marriage certificate
- birth certificates or extracts for your children
- employment details during the time in which you were exposed to asbestos
- evidence of your employment history during the time you were exposed to asbestos. See Definitions in asbestos compensation for details of what may be considered as evidence of occupational history.
- any other evidence of your possible exposure to asbestos, whether or not during the course of your employment
- copies of medical test results, reports or correspondence
- proof of identity.
Step 5: Lodge your application
You must lodge your application with the Asbestos Compensation Commissioner, who:
- will review your application and make sure all relevant information is available to make a determination
- may contact you if further information is required.
What happens next
If you have a non-imminently fatal asbestos-related disease, you will be referred to an impairment assessor to determine your level of impairment.
If you are assessed as having:
- 10% or more whole person impairment, this information will be provided to a medical panel for determination
- less than 10% whole person impairment, you will not be entitled to compensation. You will be entitled to one free impairment assessment per year to review your level of impairment.
The information provided in your application will be given to a medical panel to decide medical questions.
Once the medical panel has decided all medical questions, their decision (also known as a determination) will be forwarded to the Asbestos Compensation Commissioner.
The Commissioner cannot overrule the decision of a medical panel.
The Asbestos Compensation Commissioner
The Asbestos Compensation Commissioner is responsible for deciding your application and must determine a claim for compensation within strict timeframes. However, these timeframes only apply when you provide all the required evidence with your initial application.
The time to process your application may be extended if the medical panel or Asbestos Compensation Commissioner requests further information.
You will be notified in writing of the outcome of your application.