If you’ve been diagnosed with an asbestos or silica-related illness, such as asbestosis, mesothelioma or silicosis, you may be eligible to seek compensation, provided the source of the exposure can be determined.
While many claims stem from occupational exposure to asbestos or silica, compensation can also be pursued if the exposure is unrelated to work.
You may be able to make a claim if you were self-employed or working for someone else at the time (regardless of whether that employer still exists).
Even if the exposure occurred many years ago, you can still pursue a claim.
Our team of asbestos compensation lawyers recognise the importance of resolving such claims quickly, especially while the affected individuals are still alive. We are committed to expediting the process to address your claim with the utmost urgency.
Common asbestos and silica-related conditions
Illnesses caused by asbestos or silica exposure often take many years to develop. Some of the conditions that can give rise to a compensation claim include:
- Mesothelioma, a cancer affecting the lining of the lungs or abdomen
- Asbestosis, scarring of the lung tissue caused by inhaling asbestos fibres
- Asbestos-related lung cancer
- Pleural disease, including pleural plaques and thickening
- Silicosis, scarring of the lungs caused by inhaling silica dust
- Silica-related lung cancer and other respiratory conditions
Common sources of asbestos and silica exposure
Exposure can happen at work or away from it. Some situations that commonly lead to asbestos or silica-related claims include:
- Construction, demolition and renovation work involving older building materials
- Mining, manufacturing and industrial workplaces
- Cutting, grinding or installing engineered stone benchtops (a common source of silica dust)
- Stonemasonry, tunnelling, quarrying and sandblasting
- Automotive work, such as handling brake linings and gaskets
- Home renovations or DIY work disturbing asbestos-containing materials
- Secondary exposure, such as washing the dusty clothing of an exposed worker
How an asbestos or silica compensation claim works
Every claim is different, but most follow a similar path. Because we act on a No Win No Fee basis for qualifying claims, you can seek advice without upfront legal fees. Understanding the general steps can help you feel more prepared:
- Initial consultation. We discuss your diagnosis, your history of exposure and your circumstances during a free initial consultation.
- Investigating your exposure. We work to identify where and how you were exposed, and who may be responsible, including tracing the relevant insurer where a business no longer operates.
- Gathering evidence. This can include your medical records, employment history, witness accounts and expert medical opinion.
- Lodging the claim. Your claim is prepared and lodged against the party responsible, or with WorkCover where a statutory claim applies.
- Negotiation and resolution. Many claims are resolved through negotiation without the need for a court hearing.
Where a diagnosis is terminal, time is often critical. In these situations, the court can be asked to make urgent orders that expedite the proceedings, setting an abbreviated timetable so that the claim can progress and, where possible, be resolved within the affected person’s lifetime. If your circumstances call for it, we can apply to have your matter dealt with on this urgent basis.
If you or a family member has been diagnosed with an asbestos or silica-related illness, you can seek legal advice about your options. Roche Legal advises on asbestos and silica compensation claims under Queensland law from offices in Brisbane, Springwood and the Sunshine Coast.
Frequently Asked Questions
Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Part of our qualifying criteria requires you to have been given a related diagnosis. Such diagnosis may be “Asbestosis”, “Mesothelioma”, or “Silicosis”.
Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.
There may be two (2) types of claims available:
1. A common law claim through the court system; or
2. A WorkCover claim. In Queensland, you may be able to apply under the Workers’ Compensation and Rehabilitation Act 2003.
Whatever you do, we stress that you get legal advice before you apply for benefits under WorkCover legislation so that you are not prevented from also applying for compensation through the court system.
The claim is brought against whoever is to blame for you being exposed to asbestos or silica.
You can claim for the loss and damage you have suffered and may suffer in the future because of your asbestos or silica related diagnosis.
The amount of compensation will depend on your own particular circumstances.
Compensation is usually provided for:
– The pain and suffering you have incurred
– Any past loss of earnings you have suffered and any future loss of earnings
– Any loss of enjoyment of life
– The reduced number of years you are now expected to live
– Medical expenses
– Gratuitous or paid assistance from others as a result of your injuries.
You have to prove negligence on the part of another party.
Specifically, you need to show that:
– you have suffered exposure to asbestos or silica dust and
– another person or organisation was at fault and that they owed you a duty of care;
– you have suffered injury or loss as a result.
Usually, in a civil claim you will be paid compensation by the insurance company of the party who is at fault.
If you only have a statutory claim against WorkCover where fault does not have to be proven then WorkCover will pay you.
However, you should never sign anything from WorkCover offering lump sum payouts without seeking legal advice as you may sign away your right to make a common law claim through the courts, where compensation amounts are usually far higher.
The amount of compensation is determined by:
– The facts and circumstances of each claim.
– Where the claim is made.
– Who the claim is against.
This depends on whether or not the insurance company is prepared to conduct early settlement negotiations for a fair and reasonable amount of compensation.
Most claims are settled out of court and in such cases it is often possible to reach resolution within 6 months.
We realise the importance of trying to finalise such claims quickly whilst the person suffering the consequences of exposure to asbestos/silica is still alive. We do everything possible to speed up the process to resolve your claim with the utmost urgency.
Generally, no. Queensland has abolished the limitation period for dust-related conditions such as asbestosis, silicosis and mesothelioma, so a common law claim can usually be brought at any time. A claim must however be commenced during your lifetime, and different timeframes can apply to statutory WorkCover claims, so it is still best to act promptly.
We understand that applying for compensation may be the last thing on your mind. However, if you have a partner or dependants, it may be seriously worth considering, even if you pass away prior to its completion. If you don’t then your estate cannot continue the claim.
We are more than happy to come to you in the event that you are too sick to visit us.
Alternatively, we can conduct an interview by video consultation which is a simple and cost effective process and can be done through an iPhone, laptop or computer from the comfort of your own home.
Possibly, as a beneficiary of the estate of the deceased or as a dependant, you may be able to make a claim, provided the deceased started a claim by filing court proceedings before he or she passed away.
In many cases you can still claim. Even if the employer or business has closed down, compensation is usually paid by the insurer of the party responsible for the exposure, rather than the business itself. Identifying and tracing the correct insurer is something we can help you with.
You may still be able to make a claim even if you smoked. Smoking history can be relevant to how a claim is assessed, particularly for asbestos-related lung cancer, but it does not automatically prevent you from claiming. We can advise you on how it may affect your particular circumstances.
The first step is to contact us for a free initial consultation to discuss your diagnosis and history of exposure. From there, we can explain your options and, if you have a qualifying claim, act for you on a No Win No Fee basis. We have offices in Brisbane, Springwood and the Sunshine Coast.