Dust diseases

Dust diseases are medical conditions that arise due to exposure to asbestos dust.

Asbestosis, asbestos-induced carcinoma, asbestos-related pleural disease and mesothelioma are examples of dust diseases.

If you have a dust disease you may consider claiming damages for its effects on you.

Who is involved?

If you are suffering the effects of a dust disease you may wish to claim damages for personal injury and loss.

The claim would reflect evidence that your injury was the result of negligence.

What do I need to do?

If you wish to make a claim related to a dust disease you should contact a lawyer who will run the case through the court on your behalf.

What can I expect?

Proceedings related to dust disease claims are dealt with in SAET’s Dust Diseases List and are considered according to the Dust Diseases Act 2005.

Your claim will be categorised as ‘ordinary’ or ‘urgent’, based on your medical condition.

SAET gives dust diseases cases marked ‘urgent’ priority over all other cases, and deals with them as quickly as possible.

A dust-related hearing can be staged at a place that’s convenient for you, including at your home or in a hospital if you require it.

Is there a cost?

The filing fees in this jurisdiction are set according to the District Court scale. Visit the fees page for more information.

What forms are relevant?

  • A21 – Application – Dust disease civil action

This can be downloaded from the forms page.

Where can I find more information?

SAET Rule 34 sets out the special rules for Dust Diseases cases, including how to have the proceedings categorised as urgent.

South Australian Employment Tribunal Rules 2017