On Friday 11 May 2012, the New South Wales Government announced that it would not reform the law to assist persons suffering asbestos conditions, such as mesothelioma, to pursue a claim for claim for compensation.
One of the recommendations was to allow the family of a person who had recently died from an asbestos condition to be able to commence compensation proceedings within 12 months of their death so as to obtain pain and suffering compensation for their asbestos condition.
At present, unless asbestos compensation proceedings are not commenced within a person’s lifetime, pain and suffering compensation will not be paid to that person’s estate.
Claiming compensation for mesothelioma is often difficult simply because persons suffering this condition need to get their compensation proceedings commenced in their lifetime in order to obtain maximum compensation for their asbestos related mesothelioma.
Another recommendation rejected by the NSW Government would have assisted dependants of those who died from asbestos conditions obtain increased compensation. Despite such laws being adopted in other states, including in South Australia and Victoria, they have not been adopted in New South Wales.
It seems strange that NSW will not adopt asbestos compensation laws that have been adopted in South Australia and Victoria.
