Can I make a dust disease claim if I’m terminally ill?

Yes, terminally ill individuals can access an expedited claims process. The Dust Diseases Tribunal of NSW prioritises claims for those with life-threatening illnesses such as mesothelioma or advanced silicosis. This allows claims to be fast-tracked so compensation can be awarded during the claimant’s lifetime, which can provide critical financial and emotional support to families.

Can I claim if I was exposed to dust decades ago?

Yes, you can still claim even if your exposure occurred many years ago. Dust diseases often take decades to develop, and NSW law recognises this long latency period. Courts allow claims to be brought after diagnosis, regardless of when the exposure took place, whether through past employment, environmental exposure, or secondary contact (e.g., from a family member’s work clothes).

Do I need a lawyer to make a dust disease claim in NSW?

It’s highly recommended to engage a lawyer experienced in dust disease claims. These claims involve complex medical and legal issues, often requiring expert reports and thorough documentation of exposure history. A specialised lawyer can ensure your claim is handled efficiently and maximise your chance of receiving fair compensation.

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How time can impact your dust disease claim in NSW

Written by: Katie Ferrier
Last Updated: September 17, 2025
Read time: 11m

Dust diseases—such as asbestosis, silicosis, and mesothelioma—are devastating illnesses that can have a profound impact on an individual’s life and the lives of their loved ones. If you or a loved one has been diagnosed with a dust disease, seeking legal advice is crucial. Time is of the essence when it comes to pursuing a dust disease claim in NSW.

In this article, we’ll explore expedited claims for the terminally ill, the distinction between economic loss and general damages, and the timeframe of the claims process.

How much time do you have to make a dust disease claim in NSW?

In NSW, there is no strict time limit for making a dust disease claim. This exception is made under the Dust Diseases Tribunal Act 1989 (NSW), which removes the usual statute of limitations that applies to other types of personal injury claims. This means that even if many years have passed since exposure or diagnosis, you can still pursue compensation.

However, while the law provides flexibility, acting promptly is still critical, not because of a legal deadline, but because time can significantly affect the strength and outcome of your claim.

Why timing still matters in a dust disease claim

Even without a legal time limit, delaying your claim can lead to practical complications that may impact the outcome:

Evidence preservation: Over time, essential evidence such as work records, safety documentation, or physical materials may deteriorate, be lost, or become harder to access
Witness availability: Witness memories fade, and former co-workers or employers may become difficult to locate or may pass away
Disease progression: Dust diseases often worsen rapidly. Early action ensures you can participate fully in the legal process and protect your family’s rights to continue the claim if you’re no longer able to
Emotional and financial stress: Prompt action can reduce uncertainty and help secure timely financial support for medical costs, care, and your family’s future.

By taking early steps, you give your claim the best chance of success and reduce avoidable stress for yourself and your loved ones.

The NSW Dust Diseases Tribunal: Support for those living with terminal dust diseases

NSW has established a specialised court, the Dust Diseases Tribunal, to handle dust-related disease claims. This tribunal is designed to process these complex cases efficiently and with compassion, particularly where time is limited.

The tribunal hears claims from individuals diagnosed with a wide range of dust diseases, including:

Aluminosis
Asbestosis
Asbestos-induced carcinoma
Asbestos-related pleural diseases
Bagassosis
Berylliosis
Byssinosis
Coal dust pneumoconiosis
Farmer’s lung
Hard metal pneumoconiosis
Mesothelioma
Silicosis
Silico-tuberculosis
Talcosis.

If you’ve been diagnosed with a terminal dust disease, you have options

If you or a loved one has received a terminal diagnosis from a dust-related disease, it’s important to understand that you do have options. However, there is one critical legal requirement.

You must initiate the claim during your lifetime in order for compensation to be available, whether you pursue it personally or allow your family to continue it after your death.

Even if you’re not sure you want to see the claim through yourself, starting it ensures your rights and your family’s rights are preserved.

Once the claim has been initiated, there are two primary pathways you can choose from, depending on your circumstances, energy levels, and priorities.

Option 1: Expedited claims for terminally ill individuals

For those with a terminal diagnosis and a life expectancy of six months or less, the NSW Dust Diseases Tribunal offers an expedited claims process. This can provide much-needed relief during an emotionally and physically exhausting time.

To qualify for this fast-tracked process, you will need to provide compelling medical evidence that confirms your condition and prognosis. This typically includes detailed reports from medical specialists, such as pulmonologists, oncologists, or other treating doctors, outlining the progression of your disease and your estimated life expectancy.

The emotional toll of a terminal illness can be overwhelming, both for the individual and their family. The expedited pathway exists to recognise the urgency of your situation and the importance of delivering timely support and financial security when it matters most.

Benefits of the expedited process include:

Faster resolution: Your claim is prioritised and streamlined to reach a quicker outcome
Reduced stress: Knowing the process is moving swiftly can provide emotional relief
Economic damages: Completing the claim in your lifetime ensures you can claim compensation for economic loss
Financial support: Timely compensation can assist with medical expenses and provide peace of mind for your family’s future.

Option 2: Initiate the claim now, let your family complete it

For some individuals, the thought of navigating legal proceedings during their final months can feel overwhelming, physically, emotionally, or both. That is completely understandable.

Fortunately, you are not required to complete the process yourself in order for your family to receive compensation. What matters most is that you begin the claim during your lifetime. Once the claim has been initiated, your legal team and your family can carry it forward and finalise it after your passing.

This approach may be a better fit if:

You prefer to avoid the stress of legal involvement during this time
Your main goal is to protect your family’s right to claim compensation
You trust your dust disease lawyer and loved ones to continue the process on your behalf

However, it’s important to be aware of one key legal difference.

If the claim is not finalised before your death, your estate may be limited to non-economic damages (such as pain and suffering or loss of expectation of life).

Economic damages, like loss of income, superannuation, and past or future medical expenses, are generally only awarded if the claim is resolved during your lifetime. This means that if you are seeking compensation for income loss or medical costs, it is often in your best interest to remain involved and finalise the claim yourself, ideally through the expedited pathway.

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Understanding economic loss vs general damages

Before deciding how to proceed with your dust disease claim, it’s important to understand the two main types of compensation available: economic loss and general damages. This distinction can significantly impact both the strategy and the timing of your claim.

Economic loss

Economic damages refer to the tangible financial impact of your illness. These are losses that can be clearly calculated and documented, including:

Lost wages or income
Superannuation you would have accrued
Past and future medical expenses
Out-of-pocket costs for care or treatment.

If recovering these financial losses is a key goal, it’s critical that the claim is not only started but also finalised during your lifetime. Unfortunately, these types of damages generally cannot be awarded after death, even if the claim has already begun.

Learn more: How much compensation for mesothelioma could I win?

General damages

General damages, on the other hand, compensate for the non-financial impacts of your illness, such as pain and suffering, emotional distress, and the loss of enjoyment or quality of life.

To be eligible for general damages:

The claim must still be initiated while you are alive
But, if you’re unable or choose not to finalise it, your family or estate can continue it after your passing.

This distinction is especially important if you’re considering whether to pursue an expedited process or let your loved ones carry the claim forward.

Choosing whether to expedite your dust disease claim

Deciding whether to pursue and complete your claim in your lifetime or to leave it for your family to finish is a deeply personal choice. There is no single right answer, only what feels right for you.

Some individuals find comfort in taking an active role, gaining a sense of control, and ensuring their voice is heard. Others may feel it’s more appropriate to conserve their energy and focus on time with loved ones, especially if the legal burden feels too heavy.

When making this decision, consider:

Your physical and emotional capacity
Your financial priorities, especially if you are seeking economic compensation
Your family’s ability and willingness to carry on the process
Whether you feel supported by your legal team.

A trusted dust disease lawyer can walk you through your options and help you make a fully informed decision, one that honours both your current needs and your family’s future.

Real story: Fast-tracked mesothelioma claim

In late 2024, GMP Law assisted a client who had been diagnosed with mesothelioma, a highly aggressive and terminal dust disease. In addition to their diagnosis, the client was living with a severe back injury that limited their mobility and made daily life increasingly difficult.

Faced with a rapidly declining condition, the client’s priority was clear: to secure financial protection for their family as quickly as possible.

Working closely with medical specialists, we were able to gather the necessary evidence to qualify for the expedited claims process through the Dust Diseases Tribunal. As a result, the matter was resolved in just 10 weeks, a timeline that can make an immense difference during such a critical period.

This swift outcome provided the client with:

Financial security for their family’s future
A sense of control and closure
Peace of mind during their final months.

Want to learn more about Dust Disease Claims?

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What to expect: Example expedited dust disease timeline

When time is critical, you need legal support that can move swiftly and with care. Our No Win No Fee dust disease team are experienced in handling expedited dust disease claims and understands the urgency that comes with a terminal diagnosis.

If you’re gravely ill, the legal process can be accelerated significantly, and we know how to navigate that system to minimise delays and reduce stress on you and your family.

Below is a general outline of what a fast-tracked claim might look like, including key milestones and estimated timeframes. While every case is different, this timeline offers a sense of how quickly matters can be resolved when prompt action is taken.

1. Initiation of claim (0 weeks)

Your lawyer files a Statement of Claim form at the Dust Diseases Tribunal
You pay the appropriate filing fee.

2. Providing details (0-2 weeks)

Your lawyer sends the defendants a detailed document outlining your case
This document explains the dust disease you have, how you got it and the harm it caused you.

3. Directions hearing (2 weeks)

The initial court meeting is scheduled within six weeks to set a plan for how the case will proceed
This meeting it set to plan for how the case will proceed.

4. Application for expedited hearing (2-3 weeks)

If you are very sick, your lawyer can ask the court for an urgent, expedited hearing.

5. Bedside hearing (4-6 weeks)

The court arranges a hearing at your home
This means you don’t have to travel to the court, which can be difficult when you are not well
The hearing can be scheduled at any time of the day or night, and on any day of the week, to accommodate your urgent situation
The court will decide how the case will move forward
The judge may order certain things be done, such as getting medical reports or scheduling a hearing.

6. Issues and listings conference (6-8 weeks)

Before the final hearing, the lawyers for both sides meet to discuss your case.
They try to agree on as many things as possible to make the final hearing shorter and less stressful.

7. Final hearing and judgement (8-10 weeks)

The final hearing takes place
The judge listens to both sides and makes a decision
The decision will determine if your case is successful and how much compensation you should receive.

Remember, these are estimated timelines and the actual process may vary. An experienced dust disease lawyer can help you navigate the process and ensure your rights are protected.

Maximising your chances of success with GMP Law

To maximise your chances of a successful dust disease claim, it’s important to consult with an experienced personal injury lawyer as soon as possible.

Our firm is dedicated to empowering dust disease victims and their families. With a proven track record of success, our team of compassionate legal experts help clients navigate the complexities of the legal system and secure the compensation they deserve.

If you or a loved one has been diagnosed with a dust disease, don’t delay. Contact our team of dust disease lawyers today for a free consultation.

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Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

FAQs

Can I make a dust disease claim if I’m terminally ill?
Yes, terminally ill individuals can access an expedited claims process. The Dust Diseases Tribunal of NSW prioritises claims for those with life-threatening illnesses such as mesothelioma or advanced silicosis. This allows claims to be fast-tracked so compensation can be awarded during the claimant’s lifetime, which can provide critical financial and emotional support to families.
Can I claim if I was exposed to dust decades ago?
Yes, you can still claim even if your exposure occurred many years ago.

Dust diseases often take decades to develop, and NSW law recognises this long latency period. Courts allow claims to be brought after diagnosis, regardless of when the exposure took place, whether through past employment, environmental exposure, or secondary contact (e.g., from a family member’s work clothes).
Do I need a lawyer to make a dust disease claim in NSW?
It’s highly recommended to engage a lawyer experienced in dust disease claims. These claims involve complex medical and legal issues, often requiring expert reports and thorough documentation of exposure history. A specialised lawyer can ensure your claim is handled efficiently and maximise your chance of receiving fair compensation.

About the Author

Katie Ferrier

Senior Associate

With seven years of legal experience, Katie Ferrier specialises in Dust Disease and Medical Negligence claims. Katie combines a rigorous analytical approach with deep empathy to achieve optimal outcomes for clients impacted by negligence.

Learn more about Katie Ferrier

Why choose GMP Law for your personal injury claim

Proven track record

With 35 years of experience, we have successfully represented clients in personal injury cases across Australia, including:

35,000 victories and counting
$4 billion in claims won
Successful verdicts in contested court proceedings
Recognition from peers for our expertise in this field.

Client-centred approach

The team at GMP® recognise the physical, emotional, and financial toll that injuries have on individuals and their families.

Our commitment to our clients includes:

Free initial consultations to assess potential claims
No Win No Fee arrangements
A 90-day exit period for added flexibility
Regular and clear communication throughout the process
Compassionate support from start to finish
Focus on maximising compensation in the shortest possible time.

GMP Law® is the only Australian firm that stands behind our service with a written cost reduction promise, offering you complete peace of mind with your claim. We are committed to delivering expert legal guidance with empathy and care, and will work tirelessly to achieve the best possible outcome for our clients.

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