Asbestos and Dust Diseases Compensation
Turner Freeman has the largest and most experienced dust diseases practice in Australia. For over 20 years Turner Freeman has represented thousands of victims of dust disease in Australian and overseas courts.
We are continually expanding the nature of claims filed on behalf of victims suffering from asbestos disease and we have litigated numerous test cases that have established important legal precedents changing the prospects for people with dust diseases. See our case studies page for recent significant successful results. We have acted for victims who suffer from asbestos related pleural disease, asbestos related pleural plaques causing pain, asbestosis, mesothelioma, lung cancer and other asbestos related conditions.
Important victories:
- The first product liability claim against an asbestos manufacturer – James Hardie & Coy Pty Limited in Australia
- A succession of successful judgements and claims for workers exposed to asbestos and suffering from lung cancer
- The first verdict on behalf of a child born at Wittenoom and exposed to blue asbestos dust in the township
- The first verdict on behalf of a victim who was working with brake lining materials as a fitter in an engineering firm
- The first verdict on behalf of a waterside worker suffering from asbestos disease
- The first verdict on behalf of a victim who contracted mesothelioma from doing home renovations
- The first verdict on behalf of a victim who contracted mesothelioma after just a few hours exposure to asbestos dust when her father demolished the carport when she was a child
Turner Freeman has successfully acted for clients who suffer from asbestos related disease and who currently or previously smoked cigarettes.
We represent members of the Queensland Asbestos Related Disease Support Society, the Asbestos Disease Foundation of Australia based at Granville in Sydney, the Asbestos Victims Association of South Australia based in Adelaide, the Australian Manufacturing Workers’ Union in NSW, the Electrical Trades Union of Australia in NSW, the Maritime Union of Australia in NSW and the Australian Manufacturing Workers’ Union in South Australia.
Compensation Entitlements
Turner Freeman has the largest and most experienced dust diseases practice in Queensland. Your appropriate entitlement is dependent upon whether the exposure to asbestos occurred in an employed or self-employed situation and whether the exposure took place in Queensland, interstate or overseas. Turner Freeman Lawyers have been successfully obtaining compensation for persons suffering from asbestos related diseases for over 20 years and we can provide advice to you whether you were exposed to asbestos in Queensland, interstate or overseas.
Queensland
A variety of compensation entitlements are available to persons who develop asbestos disease in Queensland. Persons exposed to asbestos and who have been diagnosed with an asbestos related disease can lodge a claim with WorkCover Queensland or pursue a court claim for damages in the Dust Diseases Tribunal of New South Wales or through the Queensland court system. To lodge a claim with WorkCover Queensland exposure to asbestos must have occurred during employment.
Persons who have not contracted an asbestos related disease but have been exposed to asbestos in Queensland can lodge a notification claim to register their asbestos exposure.
South Australia
Persons exposed to asbestos in South Australia may be entitled to claim compensation from the State’s workers’ compensation system, in the South Australian courts or in the New South Wales Dust Diseases Tribunal.
Victoria, Tasmania, Western Australia and the Northern Territory
Turner Freeman does not have offices in these States however we have successfully acted for numerous clients who were exposed to asbestos and/or reside in the above States. Experienced lawyers from our can travel to meet with critically ill clients.
Overseas
If you are living overseas but were exposed to asbestos in Australia or you are currently living in Australia but were exposed to asbestos overseas we can still provide assistance to you and represent you. We have links with law firms in the United Kingdom (England, Scotland and Northern Ireland) and in the United States of America, Canada and New Zealand. We have successfully acted for clients who were exposed to asbestos overseas.
Commonwealth employees and Australian Defence Force members
If you are a current or former Commonwealth employee or current or former member of the Australian Defence Force there are separate/additional entitlements available if your asbestos conditions are attributable to your employment by the Commonwealth or the Australian Defence Force.
Time limits
Legal advice must be sought immediately after diagnosis with an asbestos disease or any other dust disease as time limits apply to the commencement of both WorkCover and court claims involving exposure to asbestos or other dust in Queensland. If a claim is not commenced within the time limits entitlement to compensation may be lost. A person has six months from date of diagnosis to lodge a claim with WorkCover Queensland and one year from date of diagnosis to lodge a court claim for damages.
No up front payments
If we believe that your case has reasonable prospects of success we will represent you free of any up front payments. We will act for you on a no win, no fee basis. You will only be charged for our work us if your claim is successful and you receive compensation. This assurance as well as full details of the basis upon which we charge will be set out in a written costs agreement at the commencement of your claim.
Further advice
Contact your nearest Turner Freeman office and we will provide obligation free advice to you.
Further support
Asbestos Diseases Foundation of Australia
Asbestos Victims Association (SA) Inc
Queensland Asbestos Related Disease Support Society
View the Queensland Asbestos Related Disease Support Society brochure
