Asbestos Disease Claims
Non-Work Related Asbestos Disease
Claims for these types of asbestos diseases cover a wide range of scenarios including, for example:
- Carpenters who have been exposed to asbestos not as employees but in their own businesses;
- Persons carrying out home handyman tasks using asbestos cement sheets;
- Spouses and other family members who have been exposed to asbestos from laundering asbestos laden work clothing.
In these circumstances because the exposure has not occurred in the course of employment it is not possible to seek benefits through WorkCover Queensland. On the other hand significant benefits may be available by way of a claim for common law damages.
Such claims for common law damages are usually brought against the manufacturers of the relevant products. Careful and detailed examination is undertaken as part of the investigation process to identify the source of the products responsible for the asbestos exposure and in many cases the sufferer of the disease themselves can recall the particular asbestos products used.
A claim for common law damages can where appropriate seek to recover a range of types of compensation including:
- pain, suffering and loss of amenities;
- out of pocket expenses;
- future out of pocket expenses (such as future surgical costs, ongoing physiotherapy, home services such as lawn mowing etc);
- the income you have lost since the incident;
- the income you are likely to lose in future because of the injury (this can either be based on a loss you are actually suffering or, if you have returned to work but you still have some symptoms, an amount to compensate you for the potential disadvantage you may be caused in future because of those symptoms);
- the value of unpaid care and assistance provided to you by friends or family members as a result of the accident.
In the case of advanced ill health caused by asbestos related disease such as mesothelioma and lung cancer, common law proceedings can be dealt with on an urgent basis.