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.  This normally ranges from 10% disablement to 100% disablement and is based on medical evidence provided.  Should any DDB beneficiary consider that their dust disease related health has deteriorated and they are able to produce supporting medical evidence, the Medical Authority will review their level of disability as necessary.

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.  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. 

What date is compensation paid from?

For malignant cases, compensation is paid from the date of diagnosis or initial investigation of the disease.

For non-malignant cases, compensation is paid from the date of your application.

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?

There are three kinds of dependents who are entitled to receive compensation under the Dust Diseases Board Compensation scheme. These are:

• Your wife, husband 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.

Dependant adults in some circumstances may be eligible for a one off lump sum if they are a "prescribed relative" and 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.