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					Compensation
      Dr Deborah Vallance

 AMWU National OHS Coordinator
   Workers Compensation system

   Bulk of claims via Common Law

   Exception NSW: Dust Diseases Board
Workers compensation


   Vary considerably between states

   Compensates for lost wages & medical
    expenses
Common Law

    lump sum compensation (known as 'damages')

    injured as the result of fault, or 'negligence', of
     someone else

    Injured i.e. diagnosed with an asbestos-related
     disease
   must prove that medical condition caused
    by exposure

   involves report from treating doctors

   report from an independent specialist

   establish when, where & how exposure
    occurred
Claims for
   any past medical & other expenses
   future medical expenses
   lost earnings (up to the date of trial or settlement & for the
    rest of working life)
   lost earning capacity
   cost of assistance around the home etc
   cost of changes to home etc
   payment for pain & suffering & loss of enjoyment
    of life
   payment for any loss in life expectation or
    reduced life expectancy
Claims not limited
     left that employment where the asbestos
      exposure occurred
     exposure occurred many decades ago
     worked for many employers
     self-employed or a contractor
     employer went out of business years ago
     a heavy smoker
     not sure where or how your asbestos exposure
      occurred
     exposure occurred interstate or overseas
Dust Diseases Board



   NSW OHS regulations
       Employer asbestos exposure register
       Termination employment statement re
        exposure
       Retain records for 30 years
Health Surveillance


   Potentially exposed
       Helps employer focus on controls
       Maintains worker awareness
       Very limited role early detection
Link to workplace



 Employee informed
 Employer general information
 If adverse finding, all work to stop & full
  risk assessment
Information collected


 Company name etc
 DOB
 Address
 Job title description
 Places previous employment
 Occupational history
 Medical History
Statutory Compensation
Scheme: NSW



   No fault compensation



   Funded by employer levy              (0.2% wages average)
       Heavy asbestos user up to 4% of wages
Eligibility



 Employed within NSW or
 Self Employed at exposure time


 Medical assessment of ARD
 Suffering disability as result of ARD
Making a claim
   Disease history

   Industrial history
       Board regularly provides/supplements this
        information


   Assessment level of exposure
Upon application
   DDB arranges for

       Industrial History officer establishes industrial
        background

       Medical assessment
            Lung function
            X-rays
            Medical Examination
Medical assessment
 3 respiratory specialists
 Medical authority needs 2 signatures
 Role
       Review medical information
       Existence dust disease
       Extent disability
       Exposure in NSW
       Percentage of exposure (e.g. asbestosis)
       Date disability (diagnosis date malignancy)
Dust Diseases Board



 Independent Chair
 Representatives of the dusty trades
       3 employer
       3 employees
       Industrial, managerial and OHS skills
Award based on



 Dust disease
 Level of disease
 Date of disability
Compensation
 Weekly payments or make up pay
 Dependents /children allowance and
  reasonable costs
 Medical and treatment expenses


   On death of person
       Funeral expenses
       Lump sum payment
Medical costs


 Certified dust disease only
 Hospital, nursing home
 Palliative care
 Ambulance
 Pharmaceuticals
 Travel costs for treatment
Claims process



 From application to award normally 2
  months
 Can be done quicker, if needed
 Mesothelioma DDB picks up 100%
  compensation
        Acknowledgments

 Dust Diseases Board information:

Dave Henry AMWU NSW OHS officer

				
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posted:2/8/2013
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