First and foremost, if you can recall being exposed to asbestos/silica dust and have developed an asbestos or silica related condition, then generally you will have an entitlement to compensation.
The rules and regulations regarding compensation claims differ according to the State or Territory in which you were exposed, although generally, the level of compensation is determined by having regard to various factors.
For example, compensation varies according to the nature and extent of your condition. Some people suffer very mild disease and others suffer debilitating symptoms as a result of their disease. Some diseases are benign – such as asbestosis and silicosis, and others are cancerous – such as lung cancer and mesothelioma.
The nature and extent of any other health problems such as such as smoking induced lung disease, cardiac conditions or other chronic conditions can also impact on level of compensation, although suffering from other conditions does not disentitle a person from receiving compensation. In fact, it is common for people over the age of 60 to experience other health concerns which are unrelated to asbestos or silica dust. It is also common for people who worked in the building industry to also have a history of cigarette smoking.
In circumstances where you have a mixture of dust-related lung disease and smoking-related lung disease, we will have your radiology and complex lung function tests reviewed so that we can determine the impairment caused by each condition.
There are other factors which are taken into account in determining the level of compensation you may recover from a claim. If you would like to obtain advice about your entitlements and/or investigate a potential claim for compensation, please contact our dust diseases team on 02 8833 2500.
At Turner Freeman, we have specialist dust diseases lawyers who will assess your case and provide personalised advice regarding your legal entitlements. Our dust diseases lawyers are located across NSW including offices in Parramatta, Wollongong and Newcastle. We also travel to see clients at hospitals and their homes.
Like it? Share it!