If you have received damages through common law for an asbestos-related disease, you are not eligible for compensation under the Tasmanian asbestos compensation scheme for that disease.
However, if you received damages for a different asbestos-related disease, you may still be entitled to asbestos compensation.
If you have received a determination from the Asbestos Compensation Commissioner, you may still take action at common law. However, you must notify the Commissioner about the start of common law action.
To notify the Commissioner:
- do so within 20 business days of either starting the common law action or receiving the other compensation
- complete and submit Form 8: Notice of common law action (PDF, 374.6 KB) to the Commissioner.
Failure to do so may result in you being penalised.
If you receive asbestos compensation and then go on to succeed at common law, you will be required to pay compensation amounts back to the asbestos compensation scheme.