Feb 2022: The second independent review of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 has begun.
Certain members of the family of a worker who has died from an asbestos-related disease may be entitled to compensation under Tasmania’s asbestos compensation scheme.
Follow these steps to check your eligibility and lodge a claim.
Step 1: Confirm eligibility
You may be eligible for asbestos compensation if:
- you are a spouse, or child under the age of 22, of a worker who has died from an asbestos-related disease, and
- the deceased worker would have been eligible for compensation if they were still alive.
All eligible members of the family must lodge one application together on the same form.
Step 2: Check timeframes
You have 12 months to apply for compensation following the death of the person with asbestos-related disease.
In special circumstances, you may request to have this timeframe extended. To apply for an extension, complete Form 5: Extension of Time to Lodge Application (PDF, 311.4 KB) and submit it to the Asbestos Compensation Commissioner.
Step 3: Gather documents and evidence
To make your application, you must use/provide (where relevant):
- Form 2: Asbestos-Related Diseases – Claim for Compensation – Member of the Family (PDF, 1.3 MB)
- a death certificate
- marriage certificate or proof of significant or de-facto relationship
- adoption papers and or birth certificates (or extracts) for children of the deceased worker
- any documents or other compensation the deceased worker received or you received or are receiving as a result of the worker’s disease
- details of the deceased person’s employment during the time they 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 the deceased person’s possible exposure to asbestos, whether or not during the course of their employment
- proof of identity.
Step 4: 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
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, its decision (also known as a determination) will be forwarded to the Asbestos Compensation Commissioner.
The Commissioner cannot overrule a decision of the 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 where 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.