*Contents of this blog relate to NSW legislation.
Knowing your Rights: I was diagnosed with mesothelioma, but I never worked with asbestos products during my employment.
Mesothelioma is a rare, aggressive, and devastating form of cancer caused only by exposure to asbestos. It typically affects the membrane lining that protects internal organs, most often resulting in the chest wall or pleural mesothelioma. In some cases, mesothelioma can also affect the peritoneal lining of the abdomen. Rarely, it can affect the heart or reproductive organs. It can develop many years after the last exposure to asbestos.
Mesothelioma can be caused by exposure to asbestos in non-workplace settings. Examples of such exposures include:
- home renovation or construction work like DIY projects that involved the use of products containing asbestos;
- living near an industrial plant (asbestos factory or mine) that was releasing asbestos dust into the air;
- exposure to asbestos fibres brought home (usually on clothing or hair) by occupationally exposed individuals; and
- living in a naturally occurring environment where asbestos is present.
If you, or your loved one, suffer from mesothelioma, but never used asbestos containing products during your employment, you still might be entitled to claim compensation before the Dust Diseases Tribunal of NSW. It is a specialised Court that deals with matters relating to mesothelioma claims and other dust diseases. The Tribunal has the power to award mesothelioma sufferers with compensation for medical expenses, care costs, lost earnings and other related expenses.
To establish a compensation claim, mesothelioma sufferers must provide medical evidence of a diagnosis of mesothelioma, as well as evidence of when, where and how they were exposed to asbestos in non-occupational settings.
Mesothelioma sufferers must seek legal advice and take appropriate steps to claim compensation as soon as possible. Although there is no time limit for claiming compensation before the Tribunal, to preserve a major part of the claim, it must be filed within a claimant’s lifetime.
Get in touch with us
If you or your loved one has been exposed to asbestos in a non-occupational setting and diagnosed with mesothelioma, contact Turner Freeman Lawyers as soon as possible on 13 43 63. Our experienced dust lawyers will be happy to assist you with any queries you may have regarding your legal rights and provide comprehensive legal advice.
