Dust diseases

Section 116 of the Workers Compensation and Injury Management Act 2023 (the Act) lists presumptive diseases for workers who contract a dust disease via exposure to mineral dust such as silica or asbestos.

Your responsibilities

If you believe you are suffering from a dust disease, you should inform your employer and see a medical practitioner immediately.

More information on dust related diseases and how you can make a claim is contained below.

Dust related diseases
Workers exposed to asbestos or silica who have been diagnosed with the following dust diseases are able to lodge a claim for compensation:

  • pneumoconiosis or silicosis
  • mesothelioma
  • lung cancer
  • diffuse pleural fibrosis.

Once a claim is lodged a worker suffering from any of these four diseases is required to be examined by the Dust Disease Medical Panel. Given the complex nature of asbestos or silica related workers compensation claims it is recommended workers obtain legal representation or seek information from an organisation supporting asbestos and silica disease sufferers.

Dust disease medical panel
All claims for compensation in relation to diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis are referred to the Dust Diseases Medical Panel (DDMP) for determination. The DDMP is made up of physicians who specialise in respiratory medicine and occupational medicine. The DDMP operates independently, with WorkCover WA providing administrative support and funding only.

Functions of the DDMP
The DDMP examines workers who may be adversely affected by diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis to determine:

  • Is or was the worker suffered suffering from diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis?
  • Is or was the worker in capacitated for work because of the injury by dust disease and, if so, what is or was the extent of the workers incapacity for work?
  • What is assessed to be the degree of permanent whole of person impairment resulting from the injury by dust disease?
Operation of the DDMP
When appearing before the Dust Disease Medical Panel (DDMP):

  • the worker may be medically examined by the panel members
  • work history, medical history, medical evidence and symptoms may be discussed with the worker
  • the worker’s CT results and lung function tests are examined.
Determinations of the DDMP
Following the examination of the medical evidence provided and a review of the worker’s condition, the DDMP makes a determination as to whether one of the four listed diseases is present. This determination is final, conclusive and binding on both parties and a copy is provided to both the worker and employer. You should also know:

  • there is no restriction on the number of appearances the worker may make before the DDMP
  • the DDMP can only make a determination regarding pneumoconiosis, mesothelioma, lung cancer and diffuse pleural fibrosis based on the available medical evidence
  • if the DDMP determines the worker is not suffering from one of these four diseases, it does not imply that there is nothing wrong, nor does it prevent the worker from making a claim for other conditions which may be compensable under the provisions of the Act.

Determinations in absentia

Provided sufficient medical evidence has been supplied and the DDMP agrees, a determination may be made without a worker having to attend. This applies only where the worker is unable to attend due to hospitalisation or distance.

Making a claim for dust disease

How do you make a claim for dust disease?

If you have been diagnosed, or have a provisional diagnosis of one of the four specified dust diseases you should follow the following steps to make a workers compensation claim:

  1. Obtain a First Certificate of Capacity from your treating doctor with a diagnosis (or provisional diagnosis) of the specific dust disease.
  2. Complete a Dust Disease Compensation Claim Form & Request for WPI Determination – Common Law. If you have difficulty completing the form, speak to your employer. If after speaking to your employer you are still unsure, contact Advice and Assistance on 1300 794 744.
  3. Make copies of the Certificate and Claim Form for your records.
  4. Give the following original documents to your employer:
    • First Certificate of Capacity
    • A completed Dust Disease Compensation Claim Form & Request for WPI Determination – Common Law
  5. Your employer has 7 days to forward your claim to WorkCover WA.
  6. WorkCover WA will refer your claim to the Dust Disease Medical Panel for assessment and determination.
  7. Before a DDMP can commence an assessment, you need to submit medical tests and a report from a respiratory specialist. WorkCover WA will contact you if you have not submitted the required tests and report. Information on the required tests and report is available in the Dust Disease Claims Fact Sheet.
  8. The DDMP may request additional medical tests, information or documents before it makes a determination.
  9. The DDMP must make a determination within 28 days after it has obtained all the information and documents necessary to make a determination.
  10. You, your employer and your employer’s insurer will be provided with a copy of the DDMP’s determination within 7 days of that determination being made.
  11. Your employer’s insurer will have 14 days, after receiving the DDMP determination, to make a liability decision notice on your claim.

For further information, see the liability decision notice process.

To learn more about making a claim for dust disease, download the Dust Disease Claims Fact Sheet.

Assistance
For more information, contact our Advice and Assistance Service on 1300 794 744.