Specified industrial diseases are listed in Schedule 3 of the Workers’ Compensation and Injury Management Act 1981.
If you believe you are suffering from a specified industrial disease, you should inform your employer and see a medical practitioner immediately.
Your employer’s obligations
It is the employer’s responsibility to notify WorkCover WA within seven days of discovering any worker is suffering from a specified industrial disease, under Schedule 3 of the Workers’ Compensation and Injury Management Act 1981.
What happens next?
You should make a claim for workers’ compensation. See the Making a claim section for more information.Asbestos related diseases
- lung cancer
- diffuse pleural fibrosis.
Once a claim is lodged a worker suffering from any of these four diseases is required to be examined by the Industrial Diseases Medical Panel. Given the complex nature of asbestos related workers’ compensation claims it is recommended workers obtain legal representation or seek information from an organisation supporting asbestos disease sufferers.
- whether the worker suffered or is suffering from pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis
- whether the worker is or was less able to earn full wages due to the disease
- the extent to which the disease adversely affected or currently affects the worker’s ability to undertake physical effort
- whether any other disease or physical condition contributed or contributes to the worker being less able to earn full wages, or the worker’s death, and the extent of this contribution
- whether the worker is or was fit for work and if so at what level.
- The worker is medically examined by the panel members.
- Work history, medical history, medical evidence and symptoms are discussed with the worker.
- The worker’s CT results and lung function tests are examined.
- The worker may have a medical practitioner who has examined or treated him/her make oral submission to the IDMP.
- There is no restriction on the number of appearances the worker may make before the IDMP.
- The IDMP can only make a determination regarding pneumoconiosis, mesothelioma, lung cancer and diffuse pleural fibrosis based on the available medical evidence.
- If the IDMP determines the worker is not suffering from one of these four diseases, it does not imply that there is nothing wrong, nor does it prevent the worker from making a claim for other conditions which may be compensable under the provisions of the Workers’ Compensation and Injury Management Act 1981.
Determinations in absentia
Provided sufficient medical evidence has been supplied and the IDMP agrees, a determination may be made without a worker having to attend. This applies only where the worker is unable to attend due to hospitalisation or distance.