Important changes to Victorian dust disease compensation laws: What workers need to know

A work injury includes physical harm or disease caused by your employment, including injuries sustained at work and occupational dust diseases caused by workplace exposure. For Victorian workers diagnosed with mesothelioma, asbestosis, silicosis or another dust-related disease, recent changes to Victoria’s workers’ compensation laws have made it easier to access compensation, including financial support for treatment costs and, where relevant, lump-sum compensation for permanent impairment, and in some cases pursue common law damages where employer negligence caused the disease. 

These reforms, which commenced on 2 October 2026, recognise the unique challenges faced by workers diagnosed with occupational dust diseases, including mesothelioma, asbestosis and silicosis. These conditions often develop decades after exposure, can arise long after a worker has left the relevant employment, and some workers develop more than one dust disease over their lifetime.  

What has changed? 

The amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 and related legislation introduce four important changes specifically for workers suffering from dust diseases.

1. Greater access to compensation

Workers exposed to occupational dust between 12 November 1997 and 20 October 1999 now have restored rights to pursue common law damages. This addresses a historical gap in compensation entitlements. 

2. The right to pursue further compensation

Previously, workers who received compensation for one dust disease could face barriers to pursuing further damages if they subsequently developed another disease arising from the same exposure. 

The reforms allow eligible workers to pursue additional compensation where a second dust disease develops. 

3. Removal of limitation periods

The reforms remove limitation periods for common law claims involving occupational dust diseases.  This is particularly important because conditions such as mesothelioma can develop 30 to 40 years, or even longer, after exposure.  Other conditions like asbestosis can be diagnosed even if you are experiencing very limited symptoms which may not progress for many years.  The previous time limit put pressure on workers to bring a claim knowing that their compensation would be limited as their symptoms were modest – even despite the knowledge that their symptoms would inevitably worsen as the years progress. 

4. A more direct pathway to compensation

Workers with dust diseases can now commence common law proceedings directly in the Supreme Court of Victoria without first completing the usual WorkCover pre-litigation process. 

This is especially important for workers diagnosed with aggressive conditions such as mesothelioma, where time is often critical but equally important for workers with benign conditions who are required to show they have a serious injury in order to commence a common law claim.  This step has now been removed. 

Why are these changes important? 

These reforms recognise that dust diseases are different from other workplace injuries. 

Workers should not be disadvantaged because their disease develops decades after exposure, or because they develop a second serious illness after previously receiving compensation. 

By removing unnecessary legal barriers, the changes provide greater opportunities for affected workers and their families to obtain compensation and financial security. 

How can Brave Legal help? 

At Brave Legal, we understand the devastating impact a dust disease diagnosis can have on workers and their families. 

Our experienced dust disease lawyers are committed to providing compassionate, expert advice and helping workers secure the compensation they deserve. 

If you have been diagnosed with a work-related dust disease, contact Brave Legal to understand how these changes may affect your rights.