Carbone Lawyers Welcomes Victorian Dust Disease and Compensation Reforms

FOR IMMEDIATE RELEASE · Friday 2 October 2026

• Victorian Parliament passes historic reforms for workers with silicosis and dust diseases, children who lose a parent on the road, and families affected by workplace negligence.
• Key changes remove arbitrary time limits, restore lost common law rights for 1997-1999 workers, double TAC support for bereaved children, and increase workplace safety penalties.

MELBOURNE - Carbone Lawyers, a leading personal injury law firm, has welcomed landmark Victorian legislation removing time limits on compensation claims for workers suffering from silicosis and other dust diseases, alongside significant increases in support for families affected by road and workplace tragedies.

The Victorian Parliament passed the changes in late September, eliminating strict limitation periods for dust-disease claims, restoring common-law rights for workers exposed in the late 1990s, doubling weekly TAC support for children who lose a parent, and doubling maximum jail terms for reckless workplace safety violations.

Key Changes for Dust Disease Victims and Families

Dust-related conditions like silicosis and asbestosis often take decades to manifest. The new laws introduce crucial protections:

• No Time Limits on Claims: The statute of limitations has been removed for dust related common law damages claims brought by ill workers or the families of deceased workers.
   
• 1997-1999 Common Law Rights Restored: Workers who contracted a dust disease while employed between November 1997 and October 1999 regain the right to sue for common law damages, a right previously excluded in Victoria.
   
• Fast-Tracked Court Access: Serious cases can bypass standard pre-litigation delays to proceed directly to court.
   
• Protection for Disease Progression: Workers who receive an initial award can make a second claim if they subsequently develop a secondary dust-related condition.

"Silicosis and other dust diseases are often diagnosed decades after the exposure occurred," said John Karantzis, Head of Personal Injury at Carbone Lawyers.
 

"Until now, arbitrary time limits stood between seriously ill workers and justice. These reforms right that wrong, ensuring injured Victorians and their families can finally seek the compensation they deserve."

Stronger Workplace Penalties

The Victorian Government is also significantly escalating penalties for serious workplace health and safety breaches. Designed to hold negligent employers accountable and give victims a stronger voice in legal proceedings, the sweeping OH&S reforms introduce harsher prison sentences, steep financial penalties, and mandatory workplace safety orders.

• Maximum penalties for recklessly endangering life at work have doubled to 10 years' imprisonment and fines up to $2.1 million for individuals and $10.5 million for corporations.
   
• Victims and bereaved families gain the right to deliver victim impact statements during sentencing.
   
• Courts can now mandate offenders to implement workplace safety improvements for up to five years.

"When an employer gambles with human life, families deserve to be heard in court. These higher penalties and victim impact rights ensure safety is taken seriously," said Mr Karantzis.

Greater Support for Bereaved Children 

Effective 1 November 2026, Transport Accident Commission (TAC) weekly payments for children who lose a parent in a road crash will double from $244 to $488. Single-parent orphans will also now qualify for the $3,780 annual education allowance, directly benefiting over 850 Victorian children currently supported by the TAC.

"Doubling weekly payments won't replace a parent, but it provides crucial stability for grieving families," said Mr Karantzis
 

Guidance for Affected Workers and Families

Carbone Lawyers strongly encourages anyone previously diagnosed with a dust disease, or families of deceased workers, to seek updated legal advice, particularly those previously told they were "out of time" or who worked in dusty industries between 1997 and 1999.

Victorian workers and families can contact Carbone Lawyers for a free assessment at 1800 369 888 or visit carbonelawyers.com.au.

ENDS
 

About Carbone Lawyers

For over 30 years, Carbone Lawyers has advocated for injured Victorians across workplace injury, silicosis and asbestos claims, TAC road accident matters, and personal injury litigation. The firm serves clients across Victoria from offices in Melbourne CBD, Bentleigh East, Dandenong, Essendon, Reservoir, Ringwood, and Werribee.

Media Contact
John Karantzis
john.karantzis@carbonelawyers.com.au
1800 369 888

Disclaimer: This media release is for general informational purposes only and does not constitute formal legal advice.