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Home | Asbestos Disease Claims | How to Make a Claim

The Compensation Process

Firstly, you will need to telephone 13 43 63 to be put through to the nearest Turner Freeman office. Explain that you have asbestos related or another dust disease and you would like to speak with a lawyer. A family member or friend can make the telephone call for you. You will be put through to a senior staff member who will ask you some simple questions.

Steps to Making a Claim

Step 1

Your matter will be referred to an appropriate lawyer in our offices and you will be telephoned by the lawyer.


Step 2

Depending on how urgent your case is i.e. how ill you are, an appointment will be made for you to see your lawyer in our offices, or the lawyer will visit you at home or in hospital.


Step 3

The lawyer will obtain a “statement” from you on how you were exposed to the asbestos or other dust, and how the disease has affected you.


Step 4

After you have told the lawyer what happened, it will be typed up, reviewed and corrected if necessary and you will be asked to sign it.


Step 5

Whether you have a dust disease which may entitle you to claim for compensation, will be decided by your medical reports. You may need to attend a medical examination, which we will organise and pay for. Your lawyer will write to advise you whether or not you may have a claim and arrange to discuss the claim with you.


Step 6

If you then decide you wish to go ahead with your claim you must tell “instruct” your lawyer to proceed. Then your lawyer will take the necessary steps to have your claim dealt with by the Court. You may have to appear in court personally.


Step 7

If your claim is successful you will receive a lump sum payment in compensation. If your case is urgent these procedures can be fast-tracked.

Other Locations

Turner Freeman can assist with dust disease claims nationwide and overseas. See below locations for further information.

FAQ

South Australia

South Australia

Following the introduction of the Dust Diseases Act 2005 (SA), all claims for asbestos conditions are usually brought in the District Court of South Australia.

In July 2017 an amendment was made to the Dust Diseases Act allowing a person to bring a claim for an asbestos condition in either the District Court of South Australia or the South Australian Employment Court.

Both the District Court and the Employment Court are required to ensure that such claims have priority and are dealt with expeditiously.

New South Wales

New South Wales

In New South Wales, you may be eligible to claim compensation in the New South Wales Dust Diseases Tribunal, which is the specialist court set up to hear dust disease cases. In addition, you may also be eligible to receive a pension from the Dust Diseases Board if you worked in New South Wales and have a recognised dust disease. A Dust Diseases pension is separate from and in addition to any claim in the Dust Diseases Tribunal.

Queensland

Queensland

In Queensland, you may be eligible for compensation from WorkCover or be able to claim compensation in the Queensland courts.

Western Australia

Western Australia

In Western Australia, claims for compensation are available either under workers' compensation legislation or at common law.

Other States

Other States

Whilst we do not have offices in Northern Territory, Victoria, ACT or Tasmania, we have links with interstate law firms for your asbestos compensation claim.

Overseas

Overseas

If you are living overseas, but were exposed to asbestos in Australia we can still represent you. Contact us by phone, email or letter.

If you wish to claim in a UK court (England, Scotland or Northern Ireland) or in the United States of America, Canada and New Zealand, Turner Freeman has links with law firms that can assist you.

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