Is there a time limit in NSW for a person to claim who is suffering from a dust disease?

Mar 14, 2023 | Publication

Section 12A of the Dust Diseases Tribunal Act 1989 (NSW) states that a plaintiff is able to bring proceedings before the tribunal in relation to dust related conditions at any time and that nothing in the Limitations Act prevents the bringing of such a claim.

The policy reasoning behind this is that there is a long latency period between exposure and onset of the illness.

It should be noted however, if one is exposed in other states, the limitation period may apply in respect of those states.

It is important to seek legal advice from a lawyer experienced in dust disease claims to understand your specific situation and ensure that any potential claim is filed within the applicable time limit.

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