Where do I claim compensation for silicosis or asbestosis?

It depends on where you worked, because the schemes are not the same in every state. New South Wales runs a dedicated, separate scheme — icare Dust Diseases Care under the Workers Compensation (Dust Diseases) Act 1942 — which pays a lifetime pension plus medical and care costs for Schedule 1 diseases such as asbestosis, silicosis, mesothelioma and other pneumoconioses. Queensland, Victoria and South Australia handle dust diseases through their ordinary workers' compensation scheme with special rules (Queensland's latent-onset provisions, Victoria's 'proclaimed diseases', and ReturnToWorkSA's specialist silicosis team). In WA, Tasmania, the ACT, the NT and under Comcare, dust diseases are compensable but you should confirm the exact pathway with the regulator. Choose your state in the tool to see the right contact.

Is there a time limit to claim for a dust disease?

Dust diseases are latent — they can take decades to appear after the exposure — so the usual workers' compensation time limits generally do not apply in the normal way. In New South Wales there is no strict time limit on a claim to icare Dust Diseases Care, and the Dust Diseases Tribunal of NSW (which hears common-law damages claims) has no limitation period. In the other states the relevant period generally runs from when your disease is diagnosed rather than from the historical exposure. Lodge as soon as you are diagnosed and confirm exactly how the time limit applies with your scheme.

Does NSW have a special dust disease scheme?

Yes. New South Wales is the only jurisdiction with a dedicated, separate dust-disease scheme — icare Dust Diseases Care, run under the Workers Compensation (Dust Diseases) Act 1942. It is not the ordinary workers' compensation scheme. If you have a Schedule 1 dust disease (asbestosis, silicosis, mesothelioma and other pneumoconioses) caused by work in NSW, you can receive a lifetime pension together with medical and care costs, with no strict time limit on lodging.

Can I sue for a dust disease as well as claiming compensation?

Often, yes — a common-law damages claim against a negligent party (such as a former employer or a manufacturer) can sit alongside a statutory claim, depending on your state. In New South Wales these claims are heard in the Dust Diseases Tribunal of NSW, which has no limitation period. In other states the right to bring a common-law claim and any thresholds depend on the scheme. Dust-disease litigation is specialised and the diseases can be serious, so get specialist legal advice promptly — this tool is general information, not legal advice.

Dust Disease & Silicosis Claim Scheme Navigator

Q: Is engineered stone banned in Australia?

Yes. The manufacture, supply, processing and installation of engineered stone has been prohibited across Australia 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 compensation for a dust disease you have already developed.

Find the dust disease compensation scheme for your state — silicosis, asbestosis and other dust diseases sit outside the standard workers comp time limits.

Last verified: 21 June 2026

Dust diseases such as silicosis, asbestosis and mesothelioma can take decades to appear, so the usual claim time limits generally do not apply. New South Wales runs a dedicated scheme — icare Dust Diseases Care — while other states handle dust diseases through ordinary workers' compensation with special latent-disease rules. Choose where you worked to find the right pathway and who to contact. Engineered stone has been banned across Australia since 1 July 2024.

Find the right dust disease claim pathway in your state

If you have been diagnosed with a dust disease — silicosis, asbestosis, mesothelioma or another pneumoconiosis — you may be able to claim compensation. Some states run a dedicated dust-disease scheme; others handle it through ordinary workers’ compensation with special rules for these long-developing illnesses. Choose where you worked to see the right pathway and who to contact.

Where you worked

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.

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Dust Disease & Silicosis Claim Scheme Navigator

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