Statutory benefits are compensation payments paid on a no-fault basis: that is, it is not necessary to prove anyone was at fault for causing your asbestos-related disease.
This differs from common law damages where it must proven that negligence on the part of another party contributed to your illness or disease.
Asbestos compensation benefits are detailed in our Guide to Asbestos Compensation in Tasmania.
Lump sum compensation
If you have been diagnosed with an imminently fatal asbestos-related disease (that is, you have less than two years life expectancy):
- you may be entitled to lump sum compensation
- you may also be entitled to a further payment depending on your age.
If you have been diagnosed with a non-imminently fatal asbestos-related disease (that is, you have more than two years life expectancy):
- you may be entitled to lump sum compensation based on your level of impairment.
Weekly payments of compensation
You may be entitled to weekly payments if you are partially or totally incapacitated for work as a result of non-imminently fatal asbestos-related disease and:
- you were employed for at least 2 months immediately before applying for compensation; or
- you were employed for a total of 6 months during the 12 months before applying for compensation and you would have been employed on the date of making your application if you did not have asbestos-related disease.
Compensation to family members
Compensation may be paid to eligible family members of a worker who has died from an asbestos-related disease.
The lump sum amounts payable to family members are the same as a worker would have received if they were still alive.
However, family members cannot receive:
- weekly payments
- reimbursement for any other expense, other than funeral expenses.