Dust disease claims resolution process

About the dust disease claims resolution process

In 2005 the dust diseases claims resolution process (CRP) was created. The CRP was a result of the 2004 Review of Legal and Administrative Costs in Dust Diseases Compensation Claims.

The Review's focus was to get dust disease compensation claims resolved more quickly and efficiently. The Review looked at ways to reduce legal, administrative and other costs. Forming the CRP was the main recommendation of the Review. 

The main features of the CRP are that:

• It involves the early exchange of information by the parties, and then compulsory mediation. 
• Multiple defendant claims are subject to a system of Contributions Assessment if apportionment cannot be agreed.  
• Claims which do not resolve through the CRP are returned to the Dust Diseases Tribunal (Tribunal).  

The Review also recommended that the CRP be reviewed after its first 12 months of operation. A review of the CRP started in August 2006, with a report available in January 2007. The 2007 report made recommendations for minor amendments to the CRP.