Maurice Blackburn

How to make an asbestos compensation claim

Asbestos common law compensation claims must be lodged in court during the lifetime of the asbestos disease sufferer. Some people may also be eligible for statutory benefits from Centrelink or WorkCover.

1. Contact Maurice Blackburn to discuss your exposure, even if you’re not sure where or when you were exposed to asbestos.
2. We’ll investigate your asbestos exposure, even if the place where you were exposed is now out of business.
3. We’ll submit your claim and fight for the best result.
4. We’ll help you settle out of court in the vast majority of cases, or go to court if the settlement offer isn’t fair.

What is asbestos compensation?

If you have been diagnosed with an asbestos-related disease, your first priority will be your health. But financial compensation can relieve the burden both you and your family will be feeling. Maurice Blackburn’s specialist asbestos lawyers are very experienced, and have helped thousands of people with successful claims in every state of Australia, such as Eric King, for whom we achieved the largest ever payout in Australia for an asbestos compensation claim.

We work with asbestos disease sufferers and their families to minimise their inconvenience and stress, and offer a simple and thorough approach. We will visit you in hospital or at home, without charge or obligation, to discuss your entitlements and the claims process.

Should I register my asbestos exposure?

It’s a good idea to document any asbestos exposure in case you do develop an asbestos-related disease later in life. Maurice Blackburn’s free National Asbestos Register is a convenient way to do this.
Recording the details of your asbestos exposure, regardless of how recent or long ago it was, can help any future claims for compensation you may need to make. Registration is free, and obligation-free as well.

What types of diseases qualify for asbestos compensation?

Asbestos-related diseases mainly affect the respiratory and gastro-intestinal systems. They include:

• mesothelioma
• lung cancer
• asbestosis, and
• asbestos-related pleural diseases and pleural plaques.

Do I qualify to make a claim?

If you have mesothelioma, lung cancer, asbestosis, asbestos-related pleural disease, pleural plaques or gastrointestinal cancers, you can make a claim even if:

• you are no longer employed where the exposure occurred
• you were exposed to asbestos more than 60 years ago
• your employer at the time has since gone out of business
• you were exposed to asbestos by many employers
• you were self-employed or a contractor at the time of exposure
• your exposure to asbestos was not at work
• you were exposed to asbestos during home renovations
• your exposure to asbestos was only brief
• you are not sure where you were exposed to asbestos, or;
• you also smoke cigarettes.

What can I sue for under my common law rights?

Laws vary in each state, but your common law compensation claim may include damages for:

• pain and suffering
• shortened life expectancy
• past and future medical expenses
• past and future care and assistance
• past loss of wages, and;
• loss of future earning capacity if you were working at the time of your diagnosis.

In some states such as NSW and South Australia, you may also be able to sue for past and future domestic expenses or care for a child/dependant that you can no longer provide due to your asbestos-related disease.

Who can I sue for asbestos compensation?

It’s important to talk to your asbestos lawyer about your employment history and all your other exposures to asbestos. Your lawyer will then be able to tell you who you can sue. They may include:

• former employers, even if they have gone out of business
• manufacturers of products containing asbestos, such as James Hardie or Wunderlich, and;
• occupiers of sites where asbestos was present.

If you were self-employed, you may still be able to sue manufacturers and occupiers of sites where you worked.

Maurice Blackburn can help

Maurice Blackburn has a team of specialist and highly experienced asbestos disease lawyers who are able to provide advice and assistance to you and your family. We understand that every moment is precious for someone who suffers from an asbestos disease and we can help streamline your legal access to compensation to give you more time and provide legal assistance in whatever areas you need.

If you have questions or need help with a claim, talk to a member of our asbestos practice today, even if you’re not sure where or when you were exposed to asbestos.