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Asbestos Claims

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If you have been exposed to asbestos at some time in your past and have been diagnosed with any form of asbestos disease including mesothelioma you may have a claim for lump sum compensation.

An asbestos claim is NOT affected if you -

  • No longer work and are retired
  • You smoked
  • Your employer is no longer around
  • You were self-employed or worked as a contractor
  • You can only prove your asbestos exposure with your own testimony

Asbestos Claims can be Work related and Not Work Related.

Anyone who contracts a disease caused by exposure to asbestos and other dusts while at work in Queensland may be eligible for a significant workers compensation lump sum payment and other benefits through an application to WorkCover Queensland.

Diseases like asbestos cancer mesothelioma or asbestos related lung cancers can still attract lump sum compensation even where asbestos exposure occurred many years ago.

Anyone exposed to asbestos in Queensland, even if their exposure occurred while they were not an employee, may pursue damages in court, and a significant lump sum compensation may be obtained.

Those eligible for this type of compensation include self-employed carpenters, home handymen and women, and even spouses or children who have asbestos disease and were exposed to asbestos through something like work clothes.


How long will my claim take?

These types of claims are much quicker than other compensation claims. If your claim is a statutory claim, it may be completed within 2-4 months.  If your matter needs to go to court, it will take longer though most claims will settle without having to go to court.

Claims for compensation for asbestos disease can be fast-tracked when someone is terminally ill to ensure they are finalised in the sufferer’s lifetime. These types of claims are generally much quicker than other compensation claims.

Death Benefit Claims.

Sometimes, death benefit claims can be pursued for lump sum compensation in circumstances where a family member has tragically lost his/her life from asbestos disease.

Time limits apply to making these claims so you should seek legal advice as soon as possible to make sure your rights and compensation entitlements are protected.


What can I claim compensation for?

Under the law of negligence, compensation is usually made up of a number of different components including:

  • pain, suffering
  • medical expenses including surgery costs, hospital stays and chemotherapy treatment
  • past and future out-of-pocket expenses (home services such as lawn mowing etc)
  • the income you have lost since contracting the condition
  • the income you are likely to lose in future because of the condition
  • payment for time spent by loved ones in caring for you due to the effects of the condition
  • lost services that you provided to a family member and can no longer perform because of your asbestos illness

What are the different types of asbestos disease?

There are various forms of asbestos disease. The most common forms of asbestos disease are -

  • Mesothelioma - is a type of cancer which affects the pleura - the lining of the lungs. It is caused by inhaled asbestos fibres and forms in the lining of the lungs, abdomen or heart. Symptoms can include shortness of breath and chest pain. It is caused by relatively low levels of asbestos fibres.
  • Lung cancer – affects the tissues in the lungs. It starts when abnormal cells grow and multiply in an uncontrolled way. Exposure to asbestos is one of the causes of lung cancer.
  • Asbestosis - is long-term inflammation and scarring of the lungs due to asbestos fibres. Symptoms may include shortness of breath, cough, wheezing, and chest tightness. Complications may include lung cancer, mesothelioma, and pulmonary heart disease.
  • Pleural Plaques – are calcium deposits on the lining of the lungs that develop from exposure to asbestos that causes breathing restriction and chest pain.  It is a non-cancerous condition however, the asbestos exposure that causes this, can cause more sever disease. 

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O'Shea Dyer Compensation Team

When you choose O’Shea Dyer as your Compensation lawyer, you have a team of experienced legal professionals, led by Ivan Baxter, working on your case.

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