New South Wales Government, Australia New South Wales Government, Australia
Workers' Compensation Dust Diseases Board of NSW
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Worker's Compensation Dust Diseases Board of NSW

What are my entitlements if the Board approves my claim?

If the Board approves your claim you will be awarded workers' compensation benefits as recognition of your total or partial disablement for work (ie. for lost capacity to earn)

Entitlements include:

  • Weekly payments, which may include an amount to acknowledge your dependants, where there are any; and
  • Medical and other reasonable expenses.

The weekly amount paid varies, according to degree of disability, as certified by the Medical Authority and the proportion of your total exposure to the dust that caused the disease that occurred while you were a worker in New South Wales. 

If you ceased working full time as a result of your dust disease the rate of your workers' compensation benefits will be based on your previous earnings for the first 26 weeks.  After 26 weeks your workers' compensation benefits will be paid according to the percentage of your disability and exposure wihtin NSW.  If you are partially disabled and return to work on a part time or casual basis you may be entitled to receive workers' compensation benefits that make up the difference between your pre-injury/illness earnings and your current earnings. 

If you were no longer working, when you were diagnosed with a dust disease, you will be entitled to a forntightly compensation benefit.  The amount of the benefit varies acoprding to the elevl of your disability and proportion of dust exposure in NSW.

Compensation benefit rates are reviewed twice each year, in April and October.  Click here to access the current benefits rates.

What date is compensation paid from?

For malignant cases, compensation may be payable from the date of diagnosis or initial investigation of the disease.

For non-malignant cases, compensation is paid from the date your application is received by the DDB.

What if my level of disability changes in the future?

Your level of disability is reviewed in the normal course by the Medical Authority every two or three years.  Alternatively, if you or your doctor believes that your condition has worsened, your case can be reviewed at your request.

Who are my dependents?

Dependents who are entitled to receive compensation under the Dust Diseases Board Compensation scheme generally fall into the following categories:

  • Your spouse or defacto partner (including same sex couples);
  • Your children if they are under the age of sixteen or between the ages of sixteen and twenty one and engaged in full time study. A dependant child also includes a legally adopted child, a stepchild or a child for whom you act as legal guardian.
  • A "prescribed relative" where the worker does not have a wife, husband or defacto partner.  Prescribed relatives include closest relatives such as mother, father, sister, grandmother, grandfather or grandchildren.

What are my dependents entitled to?

Your dependents may be entitled to a lump sum and weekly benefits. Dependency is a question of fact and varies from individual to individual.  The issue of dependency is determined based on factors which exist at the time of death of the worker. These factors include income derived from other sources by the dependent individual, the level of the worker's disability and the age of the worker at the time of death.

In relation to dependant children, factors include the age of the dependent child and whether they are enrolled in full time education.


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