Asbestos and dust disease lawyers for Tasmania

Asbestos lawyers for Hobart and Tasmania

Rogalski Lawyers is a Brisbane firm whose national specialty is asbestos and silica dust disease claims. We act for people in Hobart, Launceston, Devonport, Burnie and across Tasmania, and for families after a death.

Our other claim types, such as workers’ compensation, CTP, public liability, TPD and medical negligence, are handled for Queensland matters only. Dust disease is different because exposure histories cross state lines, and the claim needs to follow the exposure wherever it happened.

Tasmanian working lives have often included power generation and hydro-electric construction, smelting and refining, paper milling, manufacturing, shipbuilding and the building trades. Home renovation is another common source of asbestos exposure. Where the exposure happened, and who was responsible, shapes which claims are available.

The Tasmanian asbestos compensation scheme

Tasmania has a dedicated no-fault scheme for work-related asbestos disease under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (Tas). It is administered through WorkSafe Tasmania, and applications are decided by the Asbestos Compensation Commissioner.

Who the scheme covers

In general terms, a person has a compensable disease under the Act where:

• they have an asbestos-related disease, meaning a medical condition attributable to exposure to asbestos, such as mesothelioma, asbestosis or asbestos-related lung cancer
• contracting the disease is reasonably attributable to exposure to asbestos in the course of their employment as a worker, connected with Tasmania.

The Act has a detailed definition of “worker”, which extends to some contractors and volunteers. Negligence does not need to be proved.

What the scheme provides

Depending on the disease and its effect, the scheme can provide:

• a lump sum based on the degree of impairment, with a minimum impairment threshold for diseases that are not imminently fatal
• weekly payments for people with an imminently fatal disease or a specified level of incapacity
• medical and related expenses
• funeral expenses after a death
• compensation for family members where an asbestos-related disease was reasonably likely to be a significant factor contributing to the worker’s death.

Amounts are set by the Act by reference to an indexed figure, rather than negotiated.

Disputes

If a decision of the Commissioner is disputed, the matter can be referred to the Asbestos Compensation Tribunal, which is established under the Act and is separate from the Tasmanian workers’ compensation tribunal.

Time limits under the Tasmanian scheme

The scheme has its own lodgement periods, which are shorter for the most serious diseases. In general terms, under the Act:

The Commissioner or the Tribunal can extend these periods where there is reasonable cause. Even so, for a mesothelioma diagnosis, the scheme application is one of the first things to attend to.

A claim for damages in court has separate time limits under Tasmanian limitation law. These generally run from diagnosis or knowledge rather than the exposure, but the rules are technical and should be checked early. If the exposure happened in another state, that state’s law may govern parts of the claim.

Court claims for dust disease in Tasmania

A claim for damages for an asbestos or silica condition in Tasmania is generally brought in the Supreme Court of Tasmania. Tasmania does not have a specialist tribunal like the Dust Diseases Tribunal of NSW.

A damages claim is fault-based. It may be brought against a former employer, a manufacturer or supplier of asbestos or silica products, a building owner or occupier, or a principal contractor. Where a company has closed, the claim may be against its insurer or a successor.

What damages can cover

Damages in a dust disease claim are assessed individually. Depending on the circumstances, they can include pain and suffering and loss of enjoyment of life, past and future loss of earnings, medical and treatment expenses, and the cost of care, including care provided free of charge by family members. Where a person has died, the claims available to the estate and to dependants are assessed separately. How these heads of damage are calculated differs between states, which is one reason the choice of forum matters.

How a damages claim interacts with the statutory scheme, including any effect on benefits already received, depends on the facts and the terms of the Act. We work through that before any step is taken, so that one claim does not undermine the other.

Where exposure also happened in NSW, the Dust Diseases Tribunal may be available. Choosing where to bring the claim affects procedure, timing and, in some cases, the damages available. Our Sydney page explains how the Tribunal works.

Silicosis claims in Tasmania

The Tasmanian scheme described above is for asbestos-related disease. Silicosis and other silica-related conditions caused at work are generally dealt with under Tasmania’s ordinary workers’ compensation scheme, together with any claim for damages.

Silica exposure arises from engineered stone benchtop work, quarrying, tunnelling, construction, demolition and foundry work. The manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs has been banned nationally since 1 July 2024. The ban does not affect claims for earlier exposure. There is more detail on our silicosis claims page.

What to expect as a client in Tasmania

The practical arrangements are built around you:

• We come to you. We travel for statements, medical conferences and hearings, and we visit clients at home or in hospital.
• Phone and video first. The first conversation, and much of the early work, can be done without anyone travelling.
• Cross-border histories. Many Tasmanian clients also worked on the mainland at some stage. We gather the whole history, not just the Tasmanian part.
• Choosing the forum. Where a claim could be brought in Tasmania or elsewhere, we compare the options on their merits before filing.

The asbestos and mesothelioma claims page explains the diseases and the evidence in more detail.

How Rogalski Lawyers runs a Tasmanian claim

The lawyer you speak to first is the lawyer who runs your claim. The firm keeps a deliberately low solicitor-to-client ratio, so you can reach the person handling your file. Martin Rogalski, the firm’s principal, is a Queensland Law Society Accredited Specialist. He has worked in dust disease litigation since 2008, with trial experience in the District and Supreme Courts of Queensland, the Supreme Court of NSW and the Dust Diseases Tribunal of NSW.

Claims are run on a no win, no fee* basis. Legal costs can often be claimed in addition to compensation recovered. Interest is charged only on legal costs that remain unpaid. Disbursements, such as medical reports and filing fees, are separate and explained in writing before the claim starts. The firm does not use litigation funders.

For people in Queensland, the firm also runs workers’ compensation claims, TPD and superannuation claims and other compensation claims. Dust disease claims in other states are covered on our Melbourne and Canberra pages.

If you or a family member has been diagnosed with a dust disease, you can request a free case review or call 1300 848 424.