In 2024, there were 684 Australians diagnosed with mesothelioma (a type of cancer caused by asbestos). Diseases like this generally develop decades after asbestos exposure, highlighting the importance of not becoming complacent about such a harmful material. In this article we talk about diseases caused by exposure to asbestos particles and how to lodge a claim if you are diagnosed.
What is asbestos?
Asbestos is a natural mineral that was commonly used in building materials in the mid to late 1980s. It was popular due to its resistance to heat and corrosion. However, asbestos fibres are dangerous when airborne and breathed in and has been banned in Australia since 31 December 2003. This total ban includes the manufacture, use, reuse, import, transport, storage, or sale of all forms of asbestos.
A significant amount of asbestos remains in the built environment, though there are work health and safety laws in place to prevent exposure. For example, it’s critical that builders follow the correct regulations when removing asbestos and use the appropriate protective equipment. Testing services are also available to check whether a property contains asbestos which is especially important before renovating a house.
Diseases caused by asbestos
Occupational exposure to asbestos is the 7th leading risk factor for cancer. There’s no known safe level of asbestos exposure according to the World Health Organisation (WHO) and employers must eliminate it from the workplace.
Diseases caused by exposure to asbestos include:
- Mesothelioma: Cancerous tumours around the intestine or lungs.
- Asbestosis: Scarring of lung tissue.
- Pleural plaques: Thickening of membranes around the lungs.
- Lung, larynx, and ovarian cancer.
If you’ve been diagnosed with an asbestos-related disease, it’s important you obtain legal advice as soon as possible so your legal rights can be protected to their fullest.
How do I make an asbestos claim?
If you are unfortunately diagnosed with an asbestos-related disease in Queensland through your employment, there are a number of ways to obtain compensation. These include:
- Lodging a statutory claim for compensation through WorkCover Queensland
- Bringing a Common law claim against your employer.
- Bringing a Common law against the manufacturer of the asbestos-related products which led to the exposure.
1. WorkCover Statutory claim (no-fault claim)
You must lodge an application with Workcover Qld within 6 months of diagnosis.
Once the Workcover statutory claim has been accepted, the insurer will usually be responsible for treatment expenses and possible statutory benefits.
At the successful conclusion of the statutory claim, you will be entitled to either –
a. A lump sum amount as assessed by WorkCover’s doctors, based lung function impairment. This amount will depend upon the degree of permanent impairment as determined by doctors.
b. If you are diagnosed with a more serious terminal condition, you may be entitled to a terminal latent onset disease payment. This amount will vary greatly but usually entitles the worker and family members to receive the maximum amount of compensation under the WorkCover legislation.
2. Common Law claims against your employer(fault-based claim) OR against a manufacturer of asbestos-related products
Claims of this nature allow claimant’s to pursue different categories of compensation (what lawyers refer to as ‘heads of damage’. This includes such things as:
i. General Damages or pain and suffering. Depending on how the claim is brought and how the exposure occurred, this could amount to several hundred thousand dollars.
ii. Past and Future economic loss. Depending on whether the disease has or will impact on your ability to earn income, you may be entitled to money for past or future lost income.
iii. Past and future medical expenses. Each claim is viewed separately allowing claimants to recover amounts specific to their needs based on the medical evidence.
iv. Claims are also entitled to claim for the care and assistance provided gratuitously by family and friends, if the need for that care arose due to the asbestos-related diseases.
v. Alternations to your home including the need for household aids. Medical evidence obtained by your lawyers will consider this issue specific to the individual.
vi. Under current legislation a worker has 6 months from the date of diagnosis to claim for workers compensation.
3. Common law against the manufacturer of the asbestos-related products
Depending on how you may have been exposed to the asbestos, you may have rights of compensation against manufacturers of asbestos-related products even if that exposure was unrelated to your employment. Each one of these cases if different, and you will need to speak to a lawyer to determine which compensation avenue is best for you.
The settlement process
Common law claims are often resolved at a settlement conference where offers are exchanged between your lawyers and the Defendant insurer.
In the event your claim does not settle at a settlement conference, the case will proceed to through further litigation to often a mediation. Trial is a possibility but often extremely unlikely.
If you’ve been diagnosed with an asbestos-related disease, it is important you discuss your right to compensation for you and your family with a lawyer as soon as possible after a diagnosis is made. Our team are here to help you obtain the right compensation for you.