Silicosis & other dust diseases

If you have  contracted a disease caused by exposure to silica dust such as silicosis, progressive massive fibrosis or lung cancer then you may have rights to bring a claim at common law and, in addition, a right to claim statutory compensation from the Dust Diseases Authority. You may also have rights to claim for occupational asthma and other dust diseases.
Segelov Taylor Lawyers was established by Tanya Segelov and David Taylor in 2016 to provide a specialist legal service to sufferers of asbestos disease. Tanya and David have acted for hundreds of persons with dust diseases.
Silicosis & Progressive Massive Fibrosis
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Silica induced lung cancer
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Black Lung
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Other Dust Diseases
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Common Questions

Fee Policy in dust diseases matters

We act on a “no win/no fee” basis which means we will only recover our fees if you are successful in your claim.

You will not be charged any money up front. We will pay all of the disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim. As part of your settlement or judgement the defendant will pay your party/party costs which cover 70 to 80% of your costs.

What if I die before my claim is completed?

So long as proceedings are filed in court than all your rights are preserved and, if you die before your claim is finalised, your estate can continue your claim at full value.

What is the Dust Diseases Authority?

If you have been exposed to asbestos in the course of employment in New South Wales, in addition to any damages at common law you may be entitled to further compensation from the Dust Diseases Authority.

The Dust Diseases Authority (DDA) is a statutory body of the New South Wales government that provides compensation in the form of fortnightly pension payments as well as paying all related medical, hospital, pharmaceutical nursing and other expenses for persons exposed to dust while working in New South Wales who have contracted a dust disease. An application to the DDA is an administrative process and is separate and in addition to a claim at common law. If you die as a result of a dust disease your dependant may also be eligible for a lump sum payment and an ongoing pension.

There is no corresponding body in any other state.

What is a common law claim?

A common law claim is a claim in a court for lump sum compensation. A claim is normally brought against a former employer, occupier of a building or manufacturer of asbestos products. For a person suffering from mesothelioma or lung cancer a claim usually takes 3 to 6 months to complete but can proceed more quickly if required. If successful a person suffering from mesothelioma or lung cancer will recover between $350,000 and $450,000 after costs and repayments plus any claim for economic loss or replacement services.

All states have developed specialised processes to deal with dust diseases claims. In New South Wales claims are brought in the Dust Diseases Tribunal of New South Wales, a specialist court which has special rules of evidence and procedure to expedite claims. In other states, claims are brought in special lists so as to ensure they are dealt with expeditiously.

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