Making a claim
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If you are ill or suffer any disability as a result of exposure to asbestos you may be entitled to compensation. The amount of compensation payable depends on your personal circumstances. We can assist you in ensuring that the responsible company pays compensation to you.
How can I make a claim for compensation
Negligence Claim
You may be able to claim compensation through the District Court of South Australia.
There are important time limits in pursuing a claim in the District Court. Usually a claim must be filed with the Court within 3 years of you becoming aware of your condition. It is possible to obtain an extension of time beyond this limitation period.
Your compensation claim includes an allowance for pain and suffering, lost income, medical expenses, loss of expectation of life, domestic assistance and some other aspects. It may be that your family members have an entitlement to compensation as well.
Workers Compensation
If your exposure was during the course of your employment, you may have an entitlement to compensation under the Workers Rehabilitation and Compensation Act 1986. You may be entitled to lost wages, medical expenses and a permanent disability payment. The level of compensation payable will depend on the nature and extent of your ongoing disability.
If you were a Commonwealth employee at the time of your asbestos exposure you may have a claim under the Safety, Rehabilitation and Compensation Act 1988. Any entitlement to compensation will include lost wages, medical expenses and a lump sum payment for permanent impairment.
For state workers compensation and Commonwealth employees who have unfortunately passed away as a result of their exposure, there is also the potential dependency claim for the spouse. In some circumstances the compensation can be significant, so it is recommended to seek legal advice.
Defence Members
Members of the Defence Force suffering an asbestos related disease may also pursue compensation under the Veterans’ Entitlement Act.
Types of dust diseases
Exposure to asbestos can cause a variety of diseases. The main diseases are:
- Mesothelioma
- Lung cancer
- Asbestosis
- Asbestos related pleural disease
- Pleural plaques
- Psychiatric conditions.
How could your exposure to asbestos have occurred
Asbestos products were used widely throughout Australia, particularly in the periods of the 1940s, 50s, 60s, 70s, and early 1980’s. Exposure to asbestos over this period of time has occurred in a large range of circumstances. In the past the following individuals have been particularly exposed to asbestos:
- Boiler makers and fitters
- Electricians
- Plumbers
- Carpenters
- Defence personnel
- Asbestos sprayers or laggers
- Individuals working in the asbestos industry, including the manufacturing of asbestos products
- Individuals working in power stations, shipyards, manufacturing factories, waterside workers
- Builders and home renovators
- Commonwealth employees
- Individuals working in close proximity to asbestos sprayers or laggers
How long will your claim take?
The length of time your claim will take will depend on which jurisdiction your claim is pursued through and the extent of your injuries. At an initial meeting an estimate of the time to finalise your claim can be provided.
When should you seek legal advice?
Due to the various time limits that apply you should seek legal advice as soon as possible, after you become aware you are suffering from any asbestos related disease. We can see you at our office, at your home or in hospital if necessary.
How much will my claim cost?
Our first consultation with you is free. We will often run your claim on a “no win no fee basis”. Our costs will be conditional upon your claim being successful. Payment of our costs is delayed until the successful completion of your claim. You can discuss our costs with the lawyer at your first free consultation.
Sign up to our asbestos disease register online. CLICK HERE