Asbestos Claims    

If you have been exposed to asbestos and have been diagnosed with mesothelioma, asbestosis, lung cancer, pleural plaques or another asbestos-related disease, you may be able to claim compensation.

How do I know if I am eligible to make an asbestos claim?

There are various legal avenues available to sufferers of asbestos-related diseases such as mesothelioma. Generally, compensation claims are made through the courts under common law, when, among other things, it can be proven that asbestos exposure was the result of negligence by another party.

If I believe I have an asbestos claim, what should I do next?

It is important that you contact an asbestos lawyer with experience in asbestos claims and litigation as soon as you can. That’s where we can help. Our experience working in asbestos law means that we are able to process asbestos claims quickly and with minimal stress to sufferers.

A Slater & Gordon specialist asbestos lawyer who is experienced in asbestos litigation will provide you with free advice on a confidential no-obligation basis. Our asbestos lawyers come to you. We regularly see clients at their home or in hospital.

Slater & Gordon's No Win - No Fee™ scheme is available for asbestos-related claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation but at the same time have a viable asbestos claim.

Who can make a claim for asbestos compensation?

Asbestos exposure alone is not enough to provide a basis for a successful asbestos claim. Before you can an asbestos claim you must have been diagnosed with an asbestos-related disease such mesotheliama of asbestosis.

If you have an asbestos-related disease it is possible you can make an asbestos claim even if:

• you have since left that employment where the asbestos exposure occured
• your asbestos exposure occurred many decades ago
• you have worked for many employers
• you were self-employed or a contractor
• your employer went out of business years ago
• you were a heavy smoker
• you are not sure where or how your asbestos exposure occurred
• your exposure occurred interstate or overseas

What if a relative has died from an asbestos-related disease?

If your partner or a family member dies as a result of an asbestos-related injury, an asbestos claim for compensation may still be available to the estate or the dependants of the deceased. The asbestos claim may be limited to the financial consequences of the death.

Common law claims for compensation

What can I claim compensation for?

In our court system, you can claim lump sum compensation (known as 'damages') if you have been injured as the result of the fault, or 'negligence', of someone else.

Generally you can claim:

• any past medical and other expenses incurred as a result of the treatment of your condition
• future medical expenses
• lost earnings up to the date of trial or settlement and for the rest of your working life
• lost earning capacity
• the commercial cost of assistance around the home, in the garden and nursing care (even if that assistance is being provided voluntarily by relatives and friends)
• the cost of changes to your house or the purchase or rental of special equipment
• a payment for pain and suffering and loss of enjoyment of life
• a payment for any loss in life expectation or reduced life expectancy

Can I claim for past and future medical expenses?

Generally, one component of your asbestos claim will be past and future medical expenses connected with your asbestos-related disease.

Any medical expenses incurred up to the date of the resolution of your asbestos claim that have been paid by Medicare will have to be repaid out of any compensation received.

If you are a member of a private health fund, you may also have an obligation to refund monies paid by your private health insurer connected with the treatment of your asbestos- related disease. It is also possible that your private health insurer will restrict future benefits after compensation has been received.

Will an asbestos claim for compensation affect my pension?

Receiving lump sum compensation can have an effect on payments from the Department of Social Security (DSS). Generally, your pension or other benefit will only be affected if you are receiving a DSS benefit and make a claim for lost earnings or a loss of your earning capacity.

You (or your partner) may be precluded from receiving social security payments for a period of time known as the ‘preclusion period’. The length of the preclusion period depends on the size of the compensation amount awarded.

What is involved in claiming compensation for exposure to asbestos?

To make a asbestos claim for compensation you must prove that you have a medical condition caused by exposure to asbestos. This normally involves obtaining a report from your treating doctors. Your absestos lawyer may also need to get a report from an independent specialist about you asbestos-related disease.

You must also establish when, where and how you were exposed to asbestos. This is where Slater & Gordon’s knowledge and experience and asbestos lawyers can help.

We have developed an extensive database of information which tells us how people have been exposed to asbestos, what products were manufactured with asbestos and by whom. So far, we have identified more than 3000 asbestos products and their uses. This unique database of information, our knowledge and experience helps our asbestos lawyers to identify your exposure to asbestos quickly and with a minimum of expense.

Once our asbestos lawyers have identified where and how you were exposed to asbestos, we will have the name(s) of potential organisation(s) to bring your asbestos claim against. The organisation(s) against whom a claim is brought are called Defendants.

Will I need to go to court for my asbestos claim?

The vast majority of court actions for asbestos-related illnesses settle before trial.

If you want to avoid going to court, Slater & Gordon's asbestos lawyers will of course try to negotiate a settlement for you, however we are unable to guarantee that your asbestos claim will not proceed to trial. And, of course, some people want their case to go to trial.

In over 25 years of asbestos litigation, Slater & Gordon's asbestos lawyers have never had an unsuccessful outcome in a case which has gone to trial. If it becomes necessary for you to go to court, Slater & Gordon's asbestos lawyers will provide you with information about how the court system works and what you can expect.

How much will it cost me to make an asbestos claim ?

Once it is established that you have a viable claim for damages, Slater & Gordon's asbestos lawyers will handle your asbestos claim on a No Win No Fee™ basis. This means that you are only liable to Slater & Gordon for the costs incurred in your asbestos claim, if your claim is successful.

The No Win No Fee™, Fee and Retainer Agreement explains fully the terms and conditions, including how legal costs are calculated.

Your legal costs are largely determined by the amount of time and work required to resolve your claim.

How long will my asbestos claim take to finalise?

Slater & Gordon asbestos lawyers have pioneered court processes for critically ill clients so that claims can be urgently brought before court.

Usually, claims involving asbestos-caused cancers such as malignant mesothelioma take only months to resolve. If need be, an asbestos claims can be resolved within weeks or days - for those involving malignant mesothelioma. Claims for non-malignant asbestos-related conditions can take a little longer.

Workers’ compensation benefits

What about workers' compensation?

For more than a century, states, territories and the Commonwealth of Australia have maintained workers' compensation schemes. These no-fault, statutory compensation schemes provide financial benefits to employees injured in the course of employment.

Many of Australia's workers’ compensation schemes offer some compensation benefits to sufferers of asbestos-related disease and/or their families.

Although each scheme has the same purpose, there are substantial differences in details, including what benefits are offered, who is eligible to claim, how claims should be made and whether claims can be made in addition to, or instead of, court action for lump sum compensation.

Some asbestos claims may depend on such things as dates of exposure to asbestos and some schemes also support medical surveillance of asbestos-exposed workers.

Your asbestos lawyer at Slater & Gordon will be able to advise you whether you are eligible for workers’ compensation and, if so, what benefits are available to you.

What can I expect if Slater & Gordon handle my asbestos claim?

Our experienced asbestos lawyers working in asbestos law, means that we are able to process asbestos claims quickly and with minimal stress to sufferers. A Slater & Gordon asbestos lawyer experienced in asbestos litigation will provide you with free advice on a confidential no-obligation basis. Our asbestos lawyers come to you. We regularly see clients at their home or in hospital.

Slater & Gordon's No Win - No Fee™ scheme is available for asbestos-related claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.

Once court proceedings have begun, your rights to compensation for pain and suffering are protected for the benefit of your estate. Your asbestos lawyer at Slater & Gordon will do everything necessary to prepare your asbestos claim and ensure that you are well informed of:

• relevant court processes and their duration
• all aspects of legal costs
• your rights and entitlements

Our asbestos lawyers will not take any significant steps in your asbestos claim, such as make or accept an offer of settlement, without your specific instructions. During your asbestos claim it is important that you or a loved one notify us if there is any sudden deterioration in your health.