Asbestos Disease Claims

Work Related Asbestos Diseases

In the case of work related asbestos diseases where the relevant work has occurred in Queensland, statutory benefits including lump sum compensation and/or the payment of medical expenses may be available through WorkCover Queensland.  In the case of malignant diseases such as mesothelioma or lung cancer these benefits can be quite significant and may remove any need to seek compensation by other means such as a court based claim against parties responsible.

These WorkCover benefits are available on a "no fault" basis, meaning that while the sufferer of the disease has to demonstrate that:

1.   they actually have a disease;

2.   they have had a sufficient amount of asbestos exposure to cause the disease; and

3.   a level of asbestos exposure has occurred in Queensland,

they do not have to demonstrate that the asbestos exposure occurred due to any fault on the part of their employer.  This is in contrast with a court based claim where it is necessary to, in addition to the matters set out above, demonstrate that the party responsible for the asbestos exposure knew or ought to have known that the asbestos exposure was like to have caused injury failed to take any reasonable steps to prevent the exposure.