Overview
If you have been exposed to asbestos in particular, or other airborne dust or chemicals, such as silicone dust or even mould, and this has caused you a respiratory or other injury, then you may be entitled to financial compensation.
The compensation can include compensation for pain and suffering, medical and like expenses including care costs both in the home and from professional service providers, and loss of earnings including loss of future earning capacity.
It is well known that sometimes illnesses, including fatal illnesses, can develop many years after exposure and this is particularly the case with asbestos where people can develop very serious illnesses, including the fatal disease Mesothelioma, 20 – 25 or more years after the exposure.
In some cases, the illness can develop much quicker where there has been exposure to silicone dust or other chemicals. It is also well known that exposure to silicone dust can cause Silicosis, another disease which can be fatal.
It is also important to know that compensation can be payable where the exposure has occurred either in the course of your employment or as a member of the public, for example at your home. In some cases people carried out renovations to their homes or had trades persons do so and they were exposed to asbestos dust in their homes decades ago. When these products were on the market, they were sold in hardware stores and had been used in manufacturing, and the hazardous nature of these products and exposure to asbestos dust was not known for many years.
The process for obtaining compensation is different where the exposure and the injury has occurred during the course of your employment compared to when the exposure has occurred as a member of the public.
For general advice in relation to work exposure, please refer to our page on Workcover/Workers Compensation claims. Whilst compensation entitlements can be different, the process is the same for other injuries.
Where the exposure and the injuries have occurred where you were a member of the public, then also please refer to our website page on Public Liability claims. Again, the compensation for exposure to asbestos and dusts is different but the process is similar.
Our Process
If you were exposed to asbestos or a chemical or dust in the course of your employment, then if you have not already lodged a WorkCover claim, the claim should be lodged as soon as possible. We can assist you with that. Again, please look at our WorkCover website page for more detailed information on WorkCover claims.
If you were exposed to asbestos, dust or chemicals as a member of the public, then we would need to obtain medical records and reports to assess your injuries and their severity, and in some cases, we would need to establish that you have a degree of permanent impairment of greater than 5% for physical injuries or 10% for psychological injuries in order to recover compensation for pain and suffering.
This does not apply for asbestos related diseases.
This threshold also does not apply where the injury has been caused by exposure in the course of your employment.
In many cases compensation can be obtained quickly, particularly where exposure has occurred in the course of the person’s employment where “no fault” benefits are payable.
In order to recover Common Law Damages however, you need to also establish some fault or negligence on the part of your employer or the company that caused your exposure to the dust or chemical. This is however well established in asbestos claims and in these claims liability or negligence is most often accepted and is not an issue in the case.
Why Choose Us?
We are experts in all Personal Injury claims, including asbestos and dust disease claims and we have conducted successful claims in the past for our clients.
It is well known that many industrial manufacturers in the Ballarat and District area have used asbestos in their manufacturing processes in the past and it is important to see compensation experts who can ensure you receive the maximum compensation. Nick Lyons, our Managing Partner, is an accredited specialist of over 20 years and is an expert in these claims.
Our People
Nicholas Lyons
Asbestos and Dust Disease FAQs
How long do I have to bring my claim?
There is no time limit for asbestos related claims but in some work injury exposure claims there is a 6 year time limit and for some exposure claims for members of the public, there is a 3 year time limit. It is important to obtain advice from one of our expert lawyers on the applicable time limit in your claim. In some cases, extensions of time can be obtained where a time limit has expired, particularly where the person is not aware of their injury or disease caused by the exposure until many years later.
What happens if I have been diagnosed with a terminal disease such as Mesothelioma or Silicosis? Is there time to still bring my claim?
In most cases, yes. The Supreme Court has well established fast track procedures under which claims for damages, or financial compensation, can be brought and finalised very quickly, sometimes within months.
What would happen to my claim if I passed away before it was finalised?
Provided legal proceedings have been commenced, then your claim does survive for the benefit of your estate. Losses can only be claimed up to the date of your passing however. It is important for us to obtain an early opinion regarding your life expectancy if this is an issue in your case.
What happens if the company or employer where I suffered the asbestos or dust/chemical exposure no longer exists?
In many cases where exposure occurred many years ago, the employer or company no longer exists. However, if the exposure occurred in the course of your employment, those employers, even if they no longer exist or operate, are still indemnified by our Victorian WorkCover system. If the exposure did not occur in the course of your employment, those companies would have had insurance and those insurers still exist or have been reinsured and claims can still be made against those companies through their insurers.
What will I have to pay for my claim?
We are happy to investigate these claims under our “no win, no fee” policy. If your claim is not successful then neither our firm, nor the barristers, charge any fees. In some cases however, if the claim is unsuccessful, you will still have to pay for disbursements or out of pocket expenses incurred such as clinical and medical records and report fees, and Court fees. If your claim is successful then we can recover some costs from your employer or the unsuccessful company and some costs would be your responsibility, being the gap between your total costs and the costs we recover from the unsuccessful employer/company. We will advise you of these costs before we recommend any settlement offer or before any settlement conference.