Mesothelioma & Dust Diseases

Asbestos, silica and other dusts can cause disease. Employers, manufacturers of products, and others have knew this for many years. Yet, the repeatedly failed to take reasonable steps to protect their employees, customers, and many others to whom they owed a duty of care.  Australian courts have held them liable for the damage that this failure and their negligence caused.

Segelov Taylor Lawyers was established by Tanya Segelov and David Taylor in 2016 to provide a specialist legal service to sufferers of asbestos and other dust diseases. Tanya and David have acted for hundreds of persons with dust diseases.

If you have contracted a dust disease such as mesothelioma, asbestosis,silicosis, or dust related lung cancer you may have rights to bring a claim at common law.

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Mesothelioma
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Pleural Plaques
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Lung Cancer
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Silicosis & other silica diseases
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Asebstosis & ARPD
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Black Lung and other Dust Diseases
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FREE Case Assessment

We offer a free initial case assessment.

We will obtain preliminary instructions from you and advise you whether we believe we are able to assist you in your matter.  If we believe we may be able to assist you we will discuss with you the the process, the terms on which we can act (including the likely costs) and the value of the claim.  The case assessment may be by phone, or in person. There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.

You can contact Tanya Segelov, or David Taylor directly, or contact our office by phone, email or the web-chat to arrange your free case assessment.

Contact us by phone

02 8880 0500
03 9021 7260

Contact us by email

Email us directly or by filling out the form below. We will contact you within 1 business day

Tanya Segelov

Segelov Taylor Lawyers principal, Tanya Segelov has acted for sufferers of asbestos disease for over 25 years.

She has acted for hundreds of sufferers of mesothelioma, lung cancer, asbestosis, pleural disease, silicosis and occupational asthma. She has run numerous significant test cases including the first verdict in Australia for a person exposed to asbestos as a result of home renovations, and for the late asbestos campaigner Bernie Banton in his claims for compensation.

Information Videos

Common Questions

What if I die before my claim is completed?

Historically, a claim needed to be completed in a person’s lifetime in order to recover 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.  The entitlement to compensation, primarily future economic loss may be affected.

I have mesothelioma but don't know where I was exposed to asbestos. Can I still make a claim?

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 periods 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 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 being that they could not recall any exposure.

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

Fee Policy in dust diseases matters

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

What is the Dust Diseases Authority?

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.

There is no corresponding body in any other state.

What is a common law claim?

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 $450,000 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 New South Wales claims are brought in the Dust Diseases Tribunal of New South Wales, a specialist court which has special rules of evidence and procedure to expedite claims. In other states, claims are brought in special lists so as to ensure they are dealt with expeditiously.

I live overseas but was exposed to asbestos in Australia. Can you assist me?

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.

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No Win, No fee policy

Segelov Taylor acts on a no win no fee basis in all mesothelioma and other dust disease claims. Unlike most other firms we will fund all fees for medical reports and court fees incurred in acting for you.

Because we are a specialist, boutique firm with less overheads than some of the larger, generalist firms, we provide very high quality legal services at a lower price.

Prior to commencing the claim we will provide a costs disclosure which clearly sets out the fee arrangements.

For more detailed general information about our fees in mesothelioma and other dust disease matters, please see our fee policy page, or call us.

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