Posted on 17 Nov 2017
Asbestos claims - no longer working at employer
By Slater and Gordon
At the height of its popularity from the 1950’s through to the 1970’s, asbestos was present in more than 3000 products.
Whilst anyone can be exposed to asbestos, those who worked directly with these products are at a much higher risk of being diagnosed with an asbestos related disease. This can include miners, asbestos factory workers, handlers and waterside workers, carpenters, plumbers, electricians and builders.
The vast majority of people diagnosed with an asbestos related illness in Australia have a valuable right to compensation.
Making an asbestos compensation claim
Due to the nature of asbestos related illnesses having a latency period upward of 15 years between exposure and diagnosis, it’s highly likely that those who were exposed occupationally are no longer working with the same employer or in some instances that employer has gone out of business.
It is important to note that neither of these circumstances prevent an individual from making an asbestos compensation claim in the event they are diagnosed with an asbestos related illness.
In both circumstances, a compensation claim is brought against the employer’s insurer, not the company. All employers are required to hold Workers’ Compensation insurance and each State has a system for searching past insurance records of employers. Slater and Gordon have extensive records of such information.
Additionally, in some States if the company has gone out of business it can be restored to the company register for the purposes of bringing a claim.
In the event we are unable to find the insurance company, you may still be able to bring a claim against the manufacturer of the asbestos products.
Our experieced asbestos lawyers can help
An experienced asbestos lawyer will be able to assess your case and advise you on the above and of your legal entitlements. Each State and Territory has different laws regarding asbestos compensation, which is why it’s important you engage an expert lawyer who is experienced in navigating through these complexities and obtaining for you the compensation you deserve.
At Slater and Gordon we have Australia’s largest and most experienced asbestos team. We provide you with a personalised service for the best result, including exploring all potential legal angles and access to our in-house Social Work team where required and eligible.
We're here to help. If you you would like to enquire about an asbestos claim, simply get in touch online or call us on 1800 555 777 to find out where you stand.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
