Silicosis sufferers 'right to workers' compensation clarified

21/4/96

Workers suffering silicosis are not being disadvantaged and can still gain workers' compensation, according to Labour Relations Minister Graham Kierath.

"There have been statements in the media recently which may have given a wrong impression about compensation for this and other related conditions," Mr Kierath said.

"I can confirm categorically that employees who have contracted silicosis from their workplace can get workers' compensation.

"While it is true that there are different rules for asbestosis and silicosis in the common law arena, that is not the case with workers' compensation.

"Thankfully, silicosis cases have rapidly declined in Western Australia in recent years, to the point where they have almost disappeared."

Mr Kierath reiterated that all workers who contracted asbestosis or silicosis as a result of work were eligible for workers' compensation, as both diseases were regarded as forms of pneumoconiosis.

"It does not matter how long the illness takes to develop, there is no statute of limitations on delayed onset diseases for workers' compensation," he said.

"The main requirement is that proceedings are commenced within 12 months of diagnosis, but even then there are cases where discretionary exemptions to this provision can be made.

"The compensation for these terrible afflictions was an issue left unaddressed for too long, and it is now available as a result of the Government's reforms to the Workers' Compensation Act in 1993."

Media contact: Steve Manchee 481 2133 or 222 9595