Asbestos Disease Claims

Asbestos Disease Claims

If you have been diagnosed with asbestos disease you may be entitled to claim compensation.

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

  • Mesothelioma
  • Lung cancer
  • Asbestosis
  • Asbestos pleural disease
  • Soft tissue injury
  • Pleural plaques
  • Larynx cancer
  • Oesophagus cancer

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Frequently Asked Questions

  • What is asbestos disease?

    There are various forms of asbestos disease. They 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

    Turner Freeman recently had success in establishing that asbestos exposure can be a causative factor in the development of Laryngeal Cancer, Oesophageal Cancer, Kidney Cancer, and others.

  • Claiming for asbestos

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

    It does not matter 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 long exists;
    • You smoked;
    • You were self-employed or worked as a contractor;
    • Have no money to fund litigation.
  • 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 lump sum payment and other benefits through an application to WorkCover Queensland.

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

  • 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.

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

    • pain, suffering and loss of amenities;
    • out of pocket expenses;
    • future out of pocket expenses (such as future surgical costs, ongoing physiotherapy, 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.

  • Costs involved

    All Turner Freeman Lawyers offer an obligation free initial meeting to assess your situation and advise you about your legal rights and options.

    Our specialist asbestos disease lawyers offer “no win no fee” terms, which means we are not paid until your compensation claim is successful.

    In WorkCover claims for asbestos disease we charge costs on a lump sum basis – costs are fixed by way of a written agreement at the outset of the matter. There are no charges other than the lump sum set out in our cost agreement, subject of course to our “No Win No Fee” terms.

    In a court action the Defendant (meaning the negligent party sued) will pay the bulk of your legal costs and disbursements. Generally speaking a negligent Defendant must pay 60% to 70% of your legal costs and disbursements on top of any damages awarded.

    In any claims for asbestos disease we will always ensure you recover the majority of your compensation funds clear of costs.

  • 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 to 8 months.

  • Yes.

    Time limits apply to making claims. You should seek advice from Turner Freeman lawyers immediately to ensure your compensation entitlements are protected. Failure to do so may jeopardise your claim.

    Our first consultation is obligation free so there is no downside in requesting an initial advice.

  • 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 immediate advice from Turner Freeman lawyers immediately to ensure your compensation entitlements are protected. Failure to do so may jeopardise your claim.