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Home | Compensation Law | Asbestos Disease Compensation


If you have been diagnosed with any form of asbestos disease you may have a claim for compensation.

Asbestos compensation claims in Queensland

Turner Freeman Lawyers are experts in handling asbestos compensation claims for all types of asbestos disease including:

Call 13 43 63 to speak with one of our asbestos compensation lawyers in Queensland. Our offices are in Brisbane, Logan, North Lakes, Ipswich, Toowoomba, Gold Coast, Sunshine Coast and Cairns.

 

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FAQ

What is Asbestos Disease?

What is asbestos disease?

There are various forms of asbestos disease. The most common forms of asbestos disease can be broadly set out as follows:

  • Mesothelioma – a cancer of the pleura, being the lining of the lungs and other internal organs which can be caused by relatively low exposure to asbestos fibres
  • Lung Cancer – a cancer of the lung tissue which can be caused by significant exposures to asbestos, even where other factors are also present such as a history of smoking
  • Asbestosis scarring in the lung tissue which is usually caused by significant exposures to asbestos, dust and fibre.  Although not a form of cancer, this condition can nevertheless be progressive;
  • Pleural Plaques – calcium deposits on the lining of the lungs which usually occurs in areas affected by asbestos exposure.  Pleural plaques can cause breathing restriction and chest pain
  • Asbestos Related Pleural Disease – other conditions affecting the pleura caused by asbestos exposure which can also cause breathing difficulties and chest pain

Can I make an asbestos claim?

Claiming for asbestos

If you have been diagnosed with asbestos disease you will likely have a claim for lump sum compensation. Turner Freeman Lawyers can provide expert advice on any compensation entitlements you may have in respect of your past asbestos exposure.

It does not matter, when making asbestos claims, that:

  • You have left the workforce and are retired;
  • You have no way of proving your asbestos exposure other than your own testimony;
  • Your employer no longer exists;
  • You smoked;
  • You were self-employed or worked as a contractor;
  • Asbestos removal has, or is taking place;
  • You have no money to fund litigation.

Can I claim for work related asbestos disease?

Yes.

Work related asbestos disease

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.

Can I claim for non-work related asbestos disease?

Yes.

Non-work related asbestos disease

Anyone exposed to asbestos in Queensland outside of direct employment may pursue damages compensation in court, and significant lump sum compensation may be obtained.

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

What can I claim for?

What can I claim for?

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

  • pain, suffering and loss of amenities;
  • medical expenses including surgery costs, hospital stays and chemotherapy treatment
  • out of pocket expenses;
  • 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.

Claims for damages compensation for asbestos disease can be fast-tracked where appropriate to ensure they are finalised in the sufferer’s lifetime.

Can I make an additional claim?

Can I make additional claims?

Yes.

If you have sustained exposure to asbestos in New South Wales and Victoria then you can settle your claim for a non-malignant asbestos condition on what is known as a 'provisional basis' – which means you can sue again and claim further damages if you unfortunately developed a mesothelioma or lung cancer.

What costs are involved with a claim for asbestos disease?

What costs are involved with a claim for asbestos disease?

We offer an obligation free initial meeting to assess your potential claim and advise you about your legal rights and options.

If we advise you that you have a strong claim, we will agree to take on your case on a “No Win – No Fee” basis, which simply means that we will only be paid for the work we have done at the end of your claim and only if you win. Click here for the full terms and explanation of our "No Win – No Fee" policy.

The total legal costs will depend on the nature and complexity of the claim and whether the claim settles at an early stage or if it proceeds to a hearing or trial.

In our experience, 98% to 99% of the claims we pursue for our clients are resolved or settled without having to go to court or proceed to trial.

How long will it take to complete my claim?

How long will my claim take?

If needed, claims for mesothelioma and lung cancer can be completed in days / weeks.  Generally speaking these claims take 2 to 4 months to resolve.

A claim for asbestosis or asbestos related pleural disease take longer to complete through the court system but again, this depends on the urgency of the claim.

Most cases are resolved within 6 months.

Can I make a claim for a loved one that died asbestos disease?

Yes.

Claiming for a loved one that passed away from Asbestos Disease

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

Again, time limits apply to making these claims and you should seek legal advice immediately to ensure your rights and compensation entitlements are protected. Failure to do so may jeopardise your claim.

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Have you been exposed to asbestos?

If you have been exposed to asbestos, please register now and an asbestos lawyer will be in touch with you as soon as possible.

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