Maurice Blackburn welcomes landmark Victorian reforms improving access to justice for workers with dust diseases

Leading workplace injuries law firm Maurice Blackburn says significant reforms to Victoria’s dust disease laws will make it simpler and fairer for workers suffering from dust-related diseases to access justice.

The reforms passed by the Victorian Parliament last week cover three key areas:

• Removal of time limits for dust disease claims
• Streamlining the claims process for people living with serious dust-related conditions
• Closing a historical gap in the law that reduced compensation for some workers based on when their exposure occurred.

Maurice Blackburn principal lawyer Leah O’Keefe said the changes were an important step forward for people living with silicosis and other serious conditions caused by occupational dust exposure.

“Together, these reforms deliver fairer timelines, simpler processes and a more just approach to compensation for Victorians living with dust diseases.

“Dust diseases are usually progressive and develop over many years or even decades. Yet our legal system has historically imposed arbitrary deadlines that forced people to pursue claims before they knew how their condition was likely to progress.

“A person should not be required to predict what their health will look like decades into the future when resolving a claim today.

“Removing these time limits protects people from being undercompensated simply because they were diagnosed early or because the full severity of their illness was not yet apparent.”

Under the Victorian reforms, the conditions that qualify for a streamlined claims process has been broadened from asbestos-related conditions to “serious dust-related conditions” including silicosis. The change makes accessing compensation more direct and faster for our most vulnerable workers.

"The reforms are a sensible way to reduce delay and red tape for victims of silica dust exposure", Ms O'Keefe said.

The changes also protect the rights of people who develop a further dust-related condition to bring a second claim, rather than be denied justice because they had previously sought compensation for an earlier disease.

“This recognises the medical reality of dust exposure - that its consequences may not reveal themselves all at once,” Ms O’Keefe said. 

Maurice Blackburn also welcomed the closure of the historical legal gap, known as “the Kennett black hole”, which meant workers whose dust exposure included employment between 12 November 1997 and 20 October 1999 had their compensation reduced for that period. 

“These reforms are ultimately about ensuring that people suffering from serious dust diseases have a fair opportunity to seek justice, without unnecessary legal and procedural barriers standing in their way,” Ms O’Keefe said.

“Maurice Blackburn has represented workers and families affected by occupational dust diseases for decades, and we’re proud to have advocated for these reforms alongside the Australian Workers’ Union, Victorian Trades Hall Council and the Australian Council of Trade Unions.”