WorkSafe Tasmania

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Notify WorkSafe Call 1300 366 322

Common law damages

If you have received damages through common law for an asbestos-related disease, you are not eligible for compensation under the Tasmanian asbestos compensation scheme for that disease.

However, if you received damages for a different asbestos-related disease, you may still be entitled to asbestos compensation.

If you have received a determination from the Asbestos Compensation Commissioner, you may still take action at common law. However, you must notify the Commissioner about the start of common law action.

To notify the Commissioner:

Failure to do so may result in you being penalised.

If you receive asbestos compensation and then go on to succeed at common law, you will be required to pay compensation amounts back to the asbestos compensation scheme.

Resources

Form 8: Notice of common law action (PDF, 374.6 KB)

Guide to Asbestos Compensation in Tasmania (PDF, 589.4 KB)

Further information

Asbestos Compensation Scheme

Compensation under other laws

Statutory benefits for asbestos-related disease

Asbestos claims for workers

Asbestos claims for family members

Updated: 29th October 2019