Mesothelioma & Dust Diseases

Historically, a claim needed to be completed in a person’s lifetime in order to recover all damages.  However, changes to the law means that so long as proceedings are filed in your lifetime, then rights are preserved.  Your estate can continue your claim and recover damages for pain and suffering and loss of expectation of life.  The entitlement to some compensation, primarily future economic loss may be affected.

Exposure to asbestos can have occurred in a wide variety of settings – both at work and outside work.  We are expert at working with a client to identify possible sources of exposure, and then locating witnesses and other evidence that can confirm and corroborate exposure.

In order to bring a claim you must be able to identify a source of exposure to asbestos that caused or contributed to the mesothelioma.  On many occasions we have been able to locate and prove exposure to asbestos that caused disease notwithstanding the client’s initial instructions that they could not recall any exposure.

For more information see our article Working out where you were exposed to asbestos

We act on a “no win/no fee” basis which means we will only recover our fees if you are successful in your claim.

You will not be charged any money up front. We will pay all of the disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim. As part of your settlement or judgement the defendant will pay your party/party costs which cover 70 to 80% of your costs.

Please seen more on our fee policy page

If you have been exposed to asbestos in the course of employment in New South Wales, in addition to any damages at common law you may be entitled to further compensation from the Dust Diseases Authority.

The Dust Diseases Authority (DDA) is a statutory body of the New South Wales government that provides compensation in the form of fortnightly pension payments as well as paying all related medical, hospital, pharmaceutical, nursing and other expenses for persons exposed to dust while working in New South Wales who have contracted a dust disease. An application to the DDA is an administrative process and is separate and in addition to a claim at common law. If you die as a result of a dust disease your dependant may also be eligible for a lump sum payment and an ongoing pension.  Your estate will also receive funeral expenses of p to $15,000.00.

There is no corresponding body in any other state.

A common law claim is a claim in a court for lump sum compensation. A claim is normally brought against a former employer, occupier of a building or manufacturer of asbestos products. For a person suffering from mesothelioma or lung cancer a claim usually takes 3 to 6 months to complete but can proceed more quickly if required. If successful a person suffering from mesothelioma or lung cancer will recover between $350,000 and $500,000 after costs and repayments plus any claim for economic loss or replacement services.

All States have developed specialised processes to deal with dust diseases claims. In Victoria and South Australia there are special lists of the Supreme and District Court  to ensure they are dealt with expeditiously.  In New South Wales, a specialist court known as the Dust Diseases Tribunal of New South Wales  has special rules of evidence and procedure to expedite mesothelioma and other dust disease claims.

Your entitlement to bring a claim arises from where you were exposed to asbestos, not where you now live.  We have acted for many clients who have moved from Australia and have lived in New Zealand, the United Kingdom, the United States, Greece and other countries when they have developed mesothelioma.

We maintain relationships with lawyers in many countries which enables us to effectively represent overseas based clients.

No.

Mesothelioma and asbestosis are different diseases.

The main point of similarity is that they are both caused by inhalation of asbestos.  They are otherwise very different.  Mesothelioma is a cancer which can be caused by small exposures to asbestos.  It can affect the lining of the lung cavity (the pleura), and may also occur in the lining of the abdominal cavity (the peritoneum).

Asbestosis is not a cancer and requires large exposures to asbestos to occur.  It affects the lungs directly.

This will depend on the type of compensation, and the circumstances of the case.

In a common law claim, the defendants (or their insurer) will pay the compensation. The most common defendants are manufacturers of products containing asbestos (James Hardie, now known as Amaca being the largest) or employers.  It often does not matter if the employer is no longer operating as their worker compensation insurance can be accessed.

Other types of compensation such as statutory schemes  for Commonwealth workers, in Tasmania, Queensland, or New South Wales.  In many cases, this statutory compensation can be brought in addition to common law proceedings in court.