It is often the case that our clients had exposure to asbestos in the 1950s, 1960s, 1970s and 1980s.
Afterall, asbestos products were commonly used in building homes and for insulating pipes in ships, power stations and other industrial premises. Asbestos products were popular and were known for their durability, fire resistance and reasonable price.
It is a common misconception that a claim for compensation for asbestos or silica disease cannot succeed unless you can prove your exposure with reference to employment records or witness corroboration. That is simply not the case.
While employment records and witness statements do help, the absence of them does not extinguish an entitlement to pursue a claim.
The vast majority of our clients were exposed to asbestos many, many years ago. They did not know of the dangers of asbestos and they no longer hold any employment records evidencing employment. Unfortunately, many if not all of their former colleagues will have passed away, or cannot be located.
However, in order to succeed in a claim, you need to prove your exposure on the “balance of probabilities”. That is, was it more likely than not that you had the asbestos exposure?
Practically, we prove your exposure by providing a Statutory Declaration or Affidavit setting out your recollection of exposure. In addition, because Turner Freeman have been practising in asbestos claims for several decades, there is a vast database of prior claims and previous judgments which we can search to see if a claim has been pursued in respect of that employer or premises before. Clients are often surprised to find out that other people who worked for the same company have also developed an asbestos disease and have pursued a claim.
Turner Freeman offer obligation-free consultations to discuss your history of exposure. We can provide advice to you about your particular compensation entitlements and likelihood of success before you decide whether you wish to pursue a claim. If you do wish to pursue a claim, we would offer to act for you on a “No-Win, No-Fee” basis.
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.
Time limits can apply, so 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.
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