Mesothelioma compensation in New South Wales was dealt a blow on 14 May 2012 when the NSW Government refused to adopt the recommendations of the New South Wales Law Reform Commission.
The Commission had recommended the removal of a defence that allowed Defendants such as James Hardie to off set or reduce asbestos compensation payments to widows in dependency claims.
Further, the Commission had recommended pain and suffering compensation survive if asbestos court proceedings were commenced within 12 months of a person dying from an asbestos condition such as mesothelioma.
Asbestos and mesothelioma compensation claims in South Australia, and asbestos and mesothelioma compensation claims in Victoria, do not allow a Defendant to put up the Defence to a claim that results in an offset to a dependency asbestos claim.
It is hoped the New South Wales Government will sit down with representatives of James Hardie to try and nut out a new deal to ensure asbestos compensation reforms are made to assist those affected by asbestos conditions.
