Asbestos compo law review

Victims of asbestos-related diseases who develop serious health complications after an initial payout could eventually be able to claim thousands of dollars more in compensation.

The State Government has commissioned an investigation into current laws.

Attorney-General Michael Mischin has referred the inquiry into compensation for people suffering asbestos-related diseases to the WA Law Reform Commission.

The commission will investigate changes to the "once and for all" rule and whether courts should be able to award extra damages to people when their disease develops after an initial judgment.

It will investigate whether the door to additional claims should be opened to all personal injury claims or just asbestos victims.

In WA, victims are unable to pursue more compensation if they develop more serious health complications, such as mesothelioma, after being exposed to asbestos. In Victoria, NSW and South Australia, people can seek interim damages.

The referral comes after Opposition MP Kate Doust introduced a private member's Bill last year proposing sufferers be allowed to seek provisional damages and damages for the loss of capacity to care for a family member.

Mr Mischin said if there was a change in the "once and for all rule", courts could in certain circumstances be authorised to award further damages to a victim who developed an injury or disease that was different or more serious than that at the time of an original judgment.

Mr Mischin said the referral would provide a proper assessment of the two elements of the private member's Bill.

Slater & Gordon asbestos lawyer Laine McDonald said changes to asbestos compensation laws were desperately needed to ensure greater justice for victims and bring WA into line with other States, but delaying until the commission reported in June next year was not good enough.