Dust Disease & Silicosis Claim Scheme Navigator

New South Wales — your dust disease pathway

New South Wales runs a dedicated dust disease scheme — NSW icare Dust Diseases Care.

The pathway

New South Wales runs a dedicated, separate scheme for dust diseases — icare Dust Diseases Care, under the Workers Compensation (Dust Diseases) Act 1942 (NSW). It is not the ordinary workers' compensation scheme. If you have a Schedule 1 dust disease (which includes asbestosis, silicosis, mesothelioma and other pneumoconioses) caused by work in NSW, you can receive a lifetime pension together with medical and care costs. Contact icare Dust Diseases Care to start a claim.

Time limits for dust diseases

There is no strict time limit on a dust-disease claim to icare Dust Diseases Care. Dust diseases can take decades to appear, so the scheme is designed to be claimed whenever the disease is diagnosed — you are not shut out because the exposure was long ago. Lodge as soon as you are diagnosed.

Suing for damages (common law)

Separately from the statutory scheme, you can bring a common-law damages claim against a negligent party (such as a former employer or manufacturer) in the Dust Diseases Tribunal of NSW. The Tribunal hears dust-disease claims and has no limitation period, so a claim is not barred by the usual time limits — but get specialist legal advice promptly, especially if you are unwell.

Who to contact

SafeWork NSW — 13 10 50 (regulator website)If you are not sure who runs your scheme, this regulator can point you to the right contact for a dust-disease claim.

Source

icare Dust Diseases Care; Workers Compensation (Dust Diseases) Act 1942 (NSW); Dust Diseases Tribunal Act 1989 (NSW).

Engineered stone ban: Engineered stone is now banned across Australia. The manufacture, supply, processing and installation of engineered stone has been prohibited since 1 July 2024 under amendments to the model Work Health and Safety Regulations adopted in every jurisdiction, and the importation of engineered stone has been prohibited since 1 January 2025. “Engineered stone” means an artificial product that contains at least 1% crystalline silica. The ban responds to the rise in accelerated silicosis among stonemasons. It does not affect your right to claim for a dust disease you have already developed.

This is general information about where to claim, not legal advice and not a claim assessment. Dust diseases such as silicosis, asbestosis and mesothelioma can be serious — please get support early. Your entitlements depend on your own circumstances, your diagnosis and your work history. Confirm the current pathway, contacts and any time limits with the scheme or regulator, and consider getting specialist legal advice, before relying on this.