Asbestos victims able to claim compensation twice
Posted
Asbestos sufferers will have greater access to compensation under new laws to be introduced into the Victorian Parliament today.
The State Government says the bill will allow sufferers to have their damages case fast-tracked if their condition deteriorates.
Workcover Minister Tim Holding says the Asbestos Diseases Compensation Bill is more fair for sufferers and their relatives.
"At the moment, a worker has to make a decision as to whether to claim damages at the point at which they are diagnosed with asbestosis or to wait and see whether they are one of the small number of workers who go on to develop mesothelioma," he said.
"And that's a very unfair choice."
He said under the changes, a person may be able to claim more than once if their condition deteriorates.
"You can claim damages for asbestosis and then damages again should that asbestosis develop into mesothelioma," he said.
"So what it does it overturns the traditional legal principle that you can only be compensated for an illness once."
The legislation was prompted in part by the Bernie Banton case against James Hardie.
Mr Banton died last November after leading and winning the fight for a $4-billion compensation package for asbestos affected former employees of the building products giant.
