If you are a New Zealander with mesothelioma and was exposed to asbestos in New Zealand, you will likely be able to obtain some compensation payable by the ACC.
However, if you lived/worked in Australia and were exposed to asbestos in Australia, you will likely be able to make a claim under Australian law. These claims are worth substantially more than the amount paid by the ACC.
The primary claim for compensation in a court in Australia is known as a common law claim for damages.
A common law claim may be brought against your former employer, or against a manufacturers of the asbestos products, such as James Hardie or Wunderlich, you were exposed to. If your former employer no longer exists, their workers’ compensation insurer will be liable. Claims can also be brought against others who owed you a duty of care, such as the occupier or a property in which you were exposed.
You do not need to sue in relation to all of your exposure to asbestos as long as the exposure you sue on is not trivial. You are entitled to damages, even if part of your exposure occurred overseas. We will sit with you at your home, in hospital or at our offices and take a detailed history in relation to your work and exposure to asbestos to determine who you should sue.
The court will do everything possible to finish your mesothelioma claim in your lifetime. However, if you do die before your claim is finalised then (provided the claim was filed in court in your lifetime) your estate can continue your claim.
How much are common law claims worth?
If you are successful in your claim you will be awarded lump sum payout. The lump sum is comprised of various “heads of damage”. Heads of damage for which people with mesothelioma are typically compensated include:
- damages for pain and suffering and loss of expectation of life;
- an amount for the commercial cost of care provided by your friends and family,
- damages for ‘out of pocket expenses’ – medical and other expenses that you incur as a result of the disease (this head may not be payable if these expenses are paid by the Dust Diseases Authority).
- depending on your circumstances, an amount for the commercial cost of replacing services you provided to a dependant such as young children or a sick or elderly child, spouse or parent.
- loss of earnings and superannuation if the disease stopped you working.
Most common law mesothelioma claims resolve for between A$350,000 and A$500,000 clear in your hand (after all costs and disbursements are paid) plus any amounts for medical expenses, economic loss and replacement services.
How long do claims take?
A common law claim for a person suffering from mesothelioma usually takes between 3 to 6 months to finalise. Claims can run quicker if necessary and have on occasions been completed in as little as a few days. All courts that deal with mesothelioma claims have special processes and procedures that promote early settlement, and the quick resolution of mesothelioma matters.
In mesothelioma claims, we act on a full no win no fee basis which means we will not be paid unless you win your claim. More information about our fees is set out on our fee policy page.
