Asbestos & Dust Diseases Lawyers

Numerous asbestos diseases can occur if you have been exposed to asbestos including:

a.    Mesothelioma asbestosis;
b.    Lung cancer;
c.    Pleural plaques;
d.    Complex lung conditions

Definition of Asbestos Diseases

a.    Mesothelioma - a cancer of the pleura which is the lining around the lungs and various other organs in the chest region;
b.    Lung cancer - exposure to asbestos can cause various types of lung cancers.  There are other matters that can precipitate lung cancer but generally one would need to establish that they are pleural  plaques typical of asbestos to bring such a lung cancer within an asbestos disease claim;
c.    Pleural Plaques - basically these are marks on the lungs and these are caused generally due to an exposure to asbestos and are in fact calcium deposits in the lining of the lungs.  The plaques can be non malignant but this does not mean that you cannot claim.  such plaques can be asymptomatic or symptomatic and can cause breathing restrictions, chest pains and other difficulties without the cancer.  Nonetheless, you are still able to claim and get damages for the irritation.  If metastasis occurs (changes) and becomes cancerous, you are able to reopen your claim subject to appropriate terms of settlement allowing this to occur.

Work related Asbestos diseases

If work causes you to contract asbestosis diseases and there are certain statutory benefits including lump sum compensation and/or payment of medical expenses available through Workcover Queensland – Q-Comp.

In the case of malignant diseases such as life threatening illnesses including mesothelioma and various lung cancers that originate from the asbestos disease, the compensation benefits are very significant and you would be entitled to bring a Common Law action for negligence against the employer for numerous heads of damages as set out below.  However under the WorkCover benefits available which are based upon a no fault system you simply need to demonstrate the following:-

a.    That you have an asbestos disease;
b.    That the exposure occurred in this state;
c.    That it relates to a work related activity

Our experience suggests that if you have been exposed through your work you would have generally a very good basis to argue that it was through the fault of your employer and would be able to bring a Common Law negligence action for pain & suffering, future and past economic loss, the very substantial cost of homecare and ongoing medical expenses.

Possibly, family members would be able to claim for losses that they have incurred.

Non Work related Asbestos disease

People contract asbestos disease covering a wide range of scenarios where it is not related to their employer's negligence.

An example of this would be where you have been living in a home for a period of time and only became recently aware that some of the building has exposed asbestos sheeting which has more likely than not precipitated your disease.  You might have in the past worked with asbestos carrying out household activities repairing part of a home or item and only now some 40 years later are you are aware that you have an asbestos or lung disease which is related to asbestosis.  There are even cases where family members, particularly wives have washed clothing of people that have been exposed to asbestosis and have contracted the disease.

Under these circumstances you are still entitled to claim but we would need to ultimately identify the source of the products that may have been responsible for this asbestos exposure on balance of probability. 

Recent Cases

Amaca -v- Estate of Cotton 2010 HCA5

This was a recent case which is essentially a summary of the test for causation in Australia that proceeded to the High Court.

The main points that are relevant from this case are:-

1.  That the test for legal causation has not changed;
2.  That in order for a Court to make a decision on causation that is whether or not the asbestos directly caused the cancer, the Court will look at the medical and scientific evidence for guidance
3.  In order for negligence to be considered causative in law it must be more probably than not that the work condition and/or exposure caused the Plaintiff’s condition;

Common Law Claim for Compensation where there is negligence

Generally you can claim the following damages for you and/or family members even if the person suffering from the disease is deceased.

1. Past medical and other expenses incurred as a result of treatment of the condition;
2. Future medical expenses;
3. Lost earnings up until the date of trial and/or settlement and for the rest of your working life;
4. Potential lost earning capacity
5. The commercial costs of assistance around the house, in the garden and nursing care even if such assistance provided voluntary by friends and relatives;
6. The cost of changing your house or purchase of rental of specialised equipment;
7. A significant lumps sum for pain and suffering and loss of enjoyment of life;
8. A payment for any loss in life expectancy

Additional claims – Superannuation and Permanent Disability Claim

If you are suffering from an asbestos related illness you would also have rights to claim under your superannuation and total permanent disability insurance.  Most superannuation funds have the potential to claim for total and permanent disability and we are happy to assess your rights if the need arises.  We are experienced superannuation and insurance lawyers and will assist in interpretation and if necessary submit an application on your behalf which will be additional to any benefits you might receive as a result of your asbestos/dust disease claim.

Take The Next Step

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.