While mesothelioma, lung cancer, and asbestosis are the most widely recognised diseases caused by asbestos exposure, the devastating impact of this hazardous material extends to other forms of cancer. If you or a loved one has been diagnosed with ovarian cancer, laryngeal cancer, or several other cancers, and have a history of asbestos exposure, you may be entitled to significant compensation.
Segelov Taylor Lawyers are experts in navigating the complexities of dust disease litigation and are committed to securing justice for those affected by all asbestos-related illnesses.
This page provides vital information for individuals and families facing a diagnosis of these less common, yet equally serious, asbestos-induced cancers. We understand the emotional and financial toll such a diagnosis can take, and our compassionate team is here to guide you through the compensation process with clarity and expertise.
Ovarian Cancer
The International Agency for Research on Cancer (IARC), a part of the World Health Organisation (WHO), classifies asbestos as a “Group 1” carcinogen, meaning it is definitively known to cause cancer in humans.
This classification is not limited to mesothelioma and lung cancer. Based on extensive scientific evidence, IARC and other leading health bodies, including Cancer Council Australia, recognise a causal association between asbestos exposure and cancer of the ovary.
It is believed that asbestos fibres, once inhaled or ingested, can migrate through the lymphatic system or bloodstream, reaching the ovaries. These microscopic, needle-like fibres can then become embedded in the ovarian tissue, causing persistent inflammation and cellular damage that can ultimately lead to the development of malignant tumours.
Talcum Powder: The Hidden Asbestos Risk
For much of the 20th century, talc, a naturally occurring mineral, was often mined from deposits that were contaminated with asbestos. These two minerals can be found in close proximity in the earth. As a result, many talcum powder products sold for personal and cosmetic use, including iconic brands like Johnson & Johnson’s Baby Powder, were contaminated with asbestos fibres.
When these powders were used for feminine hygiene, asbestos fibres could travel through the reproductive tract to the ovaries, creating the same risk of inflammation and cancer development.
Internal company documents uncovered in landmark international legal cases have shown that some manufacturers were aware of this asbestos contamination for decades but failed to warn consumers.
While modern cosmetic talc is required to be asbestos-free, women who used these products regularly prior to the 1980s may have had significant and prolonged exposure to asbestos without their knowledge.
Latency, Exposure, and Ovarian Cancer: Understanding the Connection to Asbestos
For individuals diagnosed with ovarian cancer who have a history of asbestos exposure, two of the most common questions are: “How long does it take for the disease to develop?” and “Was my exposure significant enough to have caused it?”
These questions relate to the critical concepts of latency period and exposure levels. At Segelov Taylor Lawyers, we have deep expertise in the medical and legal principles underpinning asbestos litigation. Understanding these concepts is a key step in building a successful compensation claim.
A defining characteristic of all asbestos-related diseases, including ovarian cancer, is a long latency period. This is the significant delay—often spanning decades—between a person’s first exposure to asbestos and the eventual diagnosis of the disease. For asbestos-related illnesses, the latency period range from at least 10 years, and usually more than 20 years. It is not uncommon for a diagnosis to be made 30, 40, or even 50 years after the exposure occurred.
In terms of exposure levels, a common concern for many clients is that their exposure to asbestos was not heavy or prolonged enough to have caused their cancer. While this can be an issue in lung cancer claims, it is less of an issue in respect of other cancersm included mesothelioma and ovarian cancer.
Laryngeal Cancer
Asbestos exposure is a known cause of other serious malignancies, including cancer of the larynx (voice box).
The larynx is a part of the respiratory system. When asbestos fibres are inhaled, they can become lodged in the delicate tissues of the voice box on their way to the lungs. These sharp, durable fibres can cause persistent inflammation and cellular damage over many years, which can ultimately lead to the development of cancerous tumours.
The International Agency for Research on Cancer (IARC) has reviewed the extensive scientific evidence and classifies asbestos as a Group 1 carcinogen that is a cause of laryngeal cancer. This link is recognised by medical experts and the Australian legal system.
Key Factors in Asbestos-Related Laryngeal Cancer Claims
Understanding the unique characteristics of how asbestos causes laryngeal cancer is crucial for building a successful legal claim. Two of the most important factors are the latency period and the exposure dose.
As with other asbestos-related diseases, laryngeal cancer has a very long latency period. This is the time that elapses between the initial exposure to asbestos and the eventual diagnosis of the cancer.
Decades-Long Development: It is typical for laryngeal cancer to be diagnosed 30, 40, or even more than 50 years after the asbestos exposure took place.
Legal Implications: The significant delay means that exposure from a job you had as a young person can be the cause of a cancer diagnosed many decades later. Australian courts and dust disease tribunals fully understand this medical principle. The success of your claim is not diminished by the passage of time since the exposure occurred.
Medical evidence shows that the risk of developing laryngeal cancer increases as the duration and intensity of asbestos exposure increase (a “dose-response relationship”). However, there is no known safe level of asbestos exposure.
For laryngeal cancer, like other asbestos cancers, Segelov taylor are experrt at working with pathologists and other experts to work through whether, for a particular person, their exposure to asbestos caused their cancer.
The Impact of Smoking: A Significant Issue
A crucial factor in many laryngeal cancer cases is the patient’s smoking history. Both tobacco smoke and asbestos are powerful, independent carcinogens. When a person is exposed to both, the risk of developing laryngeal cancer is not just added together—it is multiplied. This is known as a synergistic effect.
Other asbestos cancers
Asbestos is a known carcinogen. It is really bad for you.
IARC and other research bodies are continuing to find evidence suggesting a link between asbestos and several other cancers. For many of these, the evidence is currently considered “limited,” meaning a positive association has been observed, but other explanations for the findings cannot be entirely ruled out.
Renal Cell Carcinoma (Kidney Cancer)
There is a growing body of evidence suggesting that asbestos exposure can increase the risk of developing renal cell carcinoma. The biological theory is that asbestos fibres, once inhaled or ingested, can enter the bloodstream. The kidneys, which act as the body’s filtration system, can then trap these sharp, durable fibres. Over many years, the presence of these fibres can lead to chronic inflammation and cellular damage, potentially triggering the development of cancerous tumours in the kidney.
Stomach (Gastric) Cancer
The link between asbestos and stomach cancer is thought to be caused by the swallowing of asbestos fibres. Fibres cleared from the lungs can enter the digestive tract and become embedded in the stomach lining. This can cause long-term inflammation, a known risk factor for stomach cancer.
Pharyngeal (Throat) Cancer
The pharynx is the part of the throat behind the mouth and nasal cavity. As inhaled asbestos fibres pass through this area, they can become lodged in the tissue. This direct contact may cause cellular changes that lead to cancer over a long latency period.
Colorectal (Bowel) Cancer
Similar to stomach cancer, swallowed asbestos fibres can travel through the entire digestive system. Their journey through the colon and rectum may cause irritation and inflammation in the bowel lining, increasing the long-term risk of cancerous growths.
Compensation Information Kit
Get expert answers you need with our free Compensation Information Kit.
This guide provides information about lung cancer compensation options, including the claims process, potential entitlements to lump sum payments, weekly payments for medical and care costs, and legal costs.
As the law is different in each state, the Kit provides state-specific information.
The guide is sent out in the mail. To receive your guide, please complete the form or call our expert team on 1800 430 855.
Compensation for asbestos related cancers
The primary avenue for compensation for asbestos related cancerns is a legal action pursued through the court.
These claim are based on proving that your exposure to asbestos was the result of negligence by one or more parties (typically a former employer) and that this exposure was a material contributing cause to your cancer.
If successful, a common law claim results in a lump sum payment of damages. This is intended to compensate you for losses, including:
Pain and Suffering: For the significant impact the disease has had on your life and well-being.
Loss of Life Expectancy: Acknowledging the reduction in your lifespan caused by the disease.
Past and Future Economic Loss: Covering lost wages, superannuation, and diminished earning capacity.
Gratuitous Care: Compensation for the care provided to you by family members and loved ones.
Medical Expenses: A lump sum to cover anticipated treatment costs, if not provided for by statutory benefits.
In an asbestos compensation claim, proving that asbestos exposure was a cause of your cancer is the most critical element. While your own account of your work and medical history is the foundation of your case, it is the powerful, independent testimony of expert witnesses that provides the scientific and medical authority needed to succeed.
These experts are highly qualified professionals who analyse the facts of your case and provide the court with objective opinions based on their specialised knowledge. At Segelov Taylor Lawyers, we work with a network of leading Australian and international experts to ensure every client’s case is supported by the strongest possible evidence.
In a civil compensation claim, the standard of proof is the “balance of probabilities.” This means we do not have to prove with absolute certainty that asbestos caused your cancer. Instead, we must show that it is more likely than not that the exposure was a material cause.
The combined evidence from these experts is designed to meet this standard. By building a logical and scientifically-backed case, we are able to demonstrate to the court that your illness, given your history, was caused by the negligence we allege. This methodical, evidence-based approach is the key to securing the compensation you and your family deserve.
FAQ
Courts in all states in Australia generally expedite all asbestos disease claims.
The claims can be completed very quickly, particularly when the plaintiff is very sick. In some cases, claims have been started and finished within a week.
When normal expedition applies, claims usually take between three and six months to complete after the claim is filed.
Provided the claim has been commenced in your lifetime, full damages are available.
Historically, a claim needed to be completed in a person’s lifetime to recover damages for pain and suffering which is usually the most significant part of a claim. However, the law has been changed over the last 15-30 years in all states so that as long as proceedings are filed in your lifetime, 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.
- The first step is to meet with Tanya or David who will take a detailed history, including as to where you were exposed to asbestos and provide you some initial advice. We will provide a costs disclosure and some authorities enabling us to obtain detailed information.
- We will then conduct some further enquiries to confirm the diagnosis and more more information about who may be liable. We will provide detailed advice on a claim and may seek your instructions to begin a common law claim (the process in Qld is slightly different as a Workcover claim will usually be made at this stage).
- If you so instruct, we will commence proceedings on your behalf . At this stage, the general damages are protected for the benefit of your estate.
- There will be a process of further investigations, and information exchange with the defendant. This process is different in each state.
- We will put an offer to the other side to settle the claim.
- The matter will proceed to a settlement conference, also known as a mediation. Most matters settle at or around this time, although if they do not, they can settle at any later stage as well.
- If your matter does not settle at or around mediation, your claim will proceed to a court hearing. Following a hearing the judge will issue a judgment as to liability and the amount of compensation to be paid.
You can claim compensation.
From a legal perspective, the answer is that each exposure caused the disease. Expert evidence accepted by Courts in Australia is that each exposure that is not de minimis (a legal term meaning too small to be meaningful or taken into consideration) and which occurred in the latency period (at least 10 –20 years prior to exposure) is a cause of any lung cancer which later develops.
If you have been exposed in multiple places you can obtain full compensation by suing in respect of any of the places you were exposed.
You cannot ‘double-dip’.
Typically, “cross-claims” will occur if you have been exposed at multiple places, which operates to share the costs of compensation among the defendants.
The legal system prioritises claims for people with asbestos-related diseases due to the seriousness of the illness. While every case is unique, these claims are treated with urgency by the courts and tribunals. Most asbestos cancer claims are resolved within 6-9 months, and often much sooner. The majority of cases are settled through negotiation, without the need for a final court hearing, which helps to secure your compensation as quickly as possible.
You don’t need to have all the proof ready to speak with us.
Our expert team will handle the investigation for you. The key evidence we will gather includes a detailed account of your work history to identify where and when you were exposed to asbestos, and medical reports that confirm your lung cancer diagnosis. We also look for clinical evidence of asbestos damage, such as the presence of asbestosis.
We have extensive experience in building strong cases, even when the exposure happened decades ago.
This is a very common situation and does not prevent a successful claim. Companies that exposed workers to asbestos were required to have insurance. Our firm maintains an extensive database of historical insurance records for companies across Australia, even those that ceased operating many years ago. We will trace the correct insurer and bring the claim against them to secure your compensation.
Information Videos
Most people with mesothelioma can make a claim at common law. A common law claim is a claim in court for lump sum compensation. A claim is commenced by filing a Statement of Claim in court.
All States have developed specialised processes to deal with mesothelioma claims. In New South Wales claims are filed in the Dust Diseases Tribunal, a specialist court which has special rules of evidence and procedure to expedite claims. In other States, claims are brought in special lists in the Supreme Court or District Court to ensure that the needs of people with mesothelioma are addressed.
Most claims are brought against a former employer, manufacturer of asbestos products or an occupier of a building. If the employer no longer exists a claim can be made against the employer’s workers’ compensation insurer.
In all States matters proceed to a pre-trial or court appointed settlement conference or a mediation to see if the matter can be resolved prior to the hearing.
Most claims settle at mediation or after mediation but before the trial. If a matter proceeds to hearing, then in most jurisdictions evidence in chief can be given by way of Affidavit. If you are not well enough to travel, then your evidence will be taken at your home or hospital.
The courts will do everything possible to finish a claim in your lifetime. However, if you die before your claim is finished then provided the claim was filed in court in your lifetime, the claim can be continued by your estate at full value.
If you were exposed to asbestos during the course of employment in New South Wales, then you can make a claim at common law as well as receive a pension and have your medical and other expenses paid by the Dust Diseases Authority.
Claims generally take between three to six months from start to finish however claims can go faster if required. The court will do everything possible to finish your claim in your lifetime. If your condition deteriorates you can approach the court at any time with medical evidence and seek an urgent hearing or mediation date.
It is not uncommon for a person diagnosed with mesothelioma to not immediately recall where they were exposed to asbestos particularly if they did not work with asbestos. Over the last decade we have seen the rise of “third wave” mesothelioma victims, persons exposed to asbestos outside of work because of home renovations or the work of others.
Two out of three homes built in the period 1940 to 1983 contain asbestos fibro sheets even if only on the eaves and wet area (bathroom, laundry and kitchen). All fibro prior to 1983 contained asbestos.
There is no threshold of exposure to asbestos for the development of mesothelioma. This means you may have had a small exposure to asbestos from renovating or assisting to renovate your home or being present while renovation or building work were carried out by others such as
- Cutting, drilling and installing fibro sheets,
- Removing or demolishing fibro sheets
- Sanding and painting fibro walls,
- Sweeping up after painting work or building work
- Shaking out and washing clothes worn during renovation or painting work.
You may have also been exposed to asbestos through the work of others such as washing a spouse or relative’s work clothes or embracing a spouse or relative when they returned from work in their work clothes.
We have acted for hundreds of persons with asbestos disease over 20 years and have accumulated knowledge, contacts and records to assist you in establishing where you were exposed to asbestos. We will come to your home or hospital and take detailed instructions and conduct research to determine your exposure to asbestos. If we cannot establish were you were exposed to asbestos, you will not be charged for any work we have carried out.
The amount of damages varies between states. However, throughout Australia most mesothelioma claims resolve for between $400,000.00 and $600,000.00 clear in your hand (after all costs and repayments have been deducted) plus any additional compensation that may exist for economic loss and replacement services.
(Note that this amount has increased since the video was made.
If you are successful in your claim, you will be awarded lump sum compensation to compensate you for
- Pain and suffering
- Loss of expectation of life
- Past and future out of pocket expenses
- The commercial cost of gratuitous care
- Economic loss if you were working at the time of symptoms
- The commercial cost of replacing care you provided to a dependant because of age, physical or mental disability and
- Costs
If you were exposed to asbestos during employment in New South Wales, your common law settlement will not affect your right to receive a pension and have your medical and other expenses paid by the Dust Diseases Authority.
dasdasdsd
The vast majority of claims settle out of court either at a mediation or court appointed settlement conference or in the lead up to the hearing. It is very rare that a matter will proceed to final hearing.
Where matters proceed to court it is usually because of a dispute as to how much a claim is worth. Such a claim will normally take only one or two days to be heard and judgment will be given within a very short space of time, usually a week.
If you are not well enough to attend court, then your evidence will be taken at your home or hospital. In most courts your evidence in chief will be given by a written statement known as an Affidavit.
Segelov Taylor acts on a “no win-no fee” basis in all mesothelioma claims. This means we only recover our fees if you are successful in your claim. You will not be charged any monies up front. We will pay all the disbursements (monies paid out by us for such things as court fees and medical reports). We will not be paid for our work until the successful completion of your matter.
In addition, If you are successful in your claim, then the defendant will be ordered to pay most (generally about 70-85%) of your costs.
Our fees our determined by an hourly rate plus disbursements. We do not charge a percentage of compensation recovered. This model is not legal in Australia.
Related Articles
Book a Free Case Assessment
Start the compensation process by arranging a free case assessment.
In the free initial case assessment we will obtain general information and provide preliminary advice on whether we believe you are likely to have a claim for compensation, the value of any claim and our costs in the event you were to instruct us.
The case assessment is usually via phone (we will call you at the arranged time) or by video conference (such as Zoom or Teams).
There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.