Summary

If you have suffered asbestos exposure and have been made ill as a consequence, you may be able to make a compensation claim provided the source of the asbestos exposure can be identified.

Whilst most claims are as a consequence of being exposed to asbestos at work, claims can also be made even if the asbestos exposure is not work related.

If your claim is work related you may still make a claim even if you were self-employed or working for someone else and whether or not your employer still exists or not.

You may even make a claim even if the asbestos exposure occurred many years ago.

We realise the importance of trying to finalise such claims quickly whilst the person suffering the consequences of exposure to asbestos is still alive. We do everything possible to speed up the process to resolve your claim with the utmost urgency.

Frequently Asked Questions

Do I have a claim for compensation?

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.

Who can I bring the claim against?

The claim is brought against whoever is to blame for you being exposed to asbestos.

What can I claim compensation for?

You can claim for the loss and damage you have suffered and may suffer in the future as a result of your exposure to asbestos.

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.

What has to be proven for my claim to be successful?

You have to prove negligence on the fault of another party.

Specifically, you need to show that:

  • you have suffered exposure to asbestos 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

Who pays me the compensation?

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.

How much compensation can I claim?

The amount of compensation is determined by:

  1. The facts and circumstances of each claim.
  2. Where the claim is made.
  3. Who the claim is against.

How long does a claim for compensation take?

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 is still alive. We do everything possible to speed up the process to resolve your claim with the utmost urgency.

Are there any important time limits to bring a claim?

No. There are no time limits in Queensland.

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.

How long does a claim for compensation take?

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 is still alive. We do everything possible to speed up the process to resolve your claim with the utmost urgency.

Can I make a claim as a beneficiary or dependant if the injured person has passed away?

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.