Compensation Claims Advice for Asbestos
Asbestos is a major issue that has caused the death and suffering for thousands of Australians. Asbestos related diseases include lung cancer, pleural plaques and asbestosis. The worst disease caused by asbestos is Mesothelioma, a terminal cancer that occurs entirely due to exposure to asbestos.
The length of exposure and damage is hard to determine be it that disease symptoms do not begin to appear right away. The damage to ones health could in fact continue to grow well after symptoms begin to occur.
Asbestos has been was widely used in building materials and as insulation around pipes and boilers in power plants, ships and commercial buildings. Asbestos products are still present in many hospitals, office buildings, factories, schools, homes, domestic garages and holiday houses.
The victims of asbestos-related diseases come from all walks of life. They include miners, builders, carpenters, power workers, shipbuilders, waterside workers, even housewives who washed their husband's dusty clothes, children who played in backyards containing crushed asbestos, visitors to power stations and workers in offices where asbestos was used for acoustic dampening or insulation.
Who Can Claim Compensation for Asbestos Exposure?
If you have been exposed to asbestos and have been diagnosed with asbestosis, cancer, mesothelioma, pleural plaques or another related condition, you may have a claim.
You are entitled to make a claim even if:
- You have since left that employment
- Your exposure occurred many decades ago
- You have worked for many employers
- You were self-employed or a contractor
- Your employer went out of business years ago
- You were a heavy smoker
- You are not sure where or how your exposure occurred
- Your exposure occurred interstate or overseas
What Options are Available for Asbestos Compensation Claims?
There are various legal avenues available to sufferers in asbestos cases. Generally, injury compensation
claims are made through the courts under common law, when, among other things, it can be proved that exposure to asbestos was the result of negligence
by another party.
Our experience working in this area of the law means that we are able to process clients' claims quickly and with minimal stress to sufferers.
There are seven main stages involved in the process of securing compensation:
- An application for compensation must be filled out and lodged with the Board.
- Medical information such as respiratory tests and x-rays and any other supporting material must be collected and submitted to the Medical Authority. These tests may be performed by the Dust Diseases Board's Medical Section or by a designated doctor in your local area.
- An Industrial History must be written by one of the Board's Client Services and Advisory Officers.
- The Medical Authority reviews all information submitted and makes a recommendation on the existence of a dust disease and level of disablement.
- Compensation is assessed and calculated in accordance with the relevant legislation ie. Workers Compensation (Dust Diseases) Act and Workers Compensation Act. Benefit levels are prescribed by the legislation.
- The Dust Diseases Board makes its determination based on the advice of the Medical Authority and the proper exercise of its legislative authority under the Act.
- The Award for compensation is processed by the Dust Diseases Board's Financial Services Branch.
The Board does not charge a fee for this service. Any reasonable costs incurred as a result of the Board directing you to attend medical tests on their premises or with a doctor that they have arranged a medical appointment for you to attend, will be met by the Board.
To receive the maximum damages on your Asbestos Injury Compensation Claim talk to the professionals at Legal Injury by filling in the form on the top right.