Posted on 15 Nov 2017
Did you know you can make an asbestos claim even if you were a smoker?
By Slater and Gordon
A lung cancer diagnosis is commonly associated with smoking, however it is important to understand this condition can also be caused by asbestos exposure and smoking does not exclude you from having an asbestos compensation claim.
The dangers of smoking have been widely understood for some time, with more than 80% of lung cancer cases caused by smoking*. What is less widely understood though is that there are about six different forms of lung cancer and all of them can be caused by exposure to asbestos.
If you have been diagnosed with lung cancer, a doctor or medical professional will most likely ask you if you have smoked. They may not always ask you if you were exposed to asbestos.
Whilst mesothelioma is a more commonly recognised asbestos related disease, the World Health Organisation estimates that for every one diagnosis of mesothelioma, there will be six diagnoses of asbestos related lung cancer**.
Making a claim for lung cancer from asbestos exposure and smoking
Most people who get lung cancer for which asbestos exposure is partly to blame never get the compensation they are entitled to.
If you smoked it is important to be aware that the fact that smoking contributed to your cancer does not prevent you from bringing a claim in relation to your asbestos exposure. In many cases it is the combination of smoking and asbestos exposure that is the cause of lung cancer as you have in fact been exposed to two carcinogens.
So, even if smoking is a cause of your lung cancer, if you think you have also been exposed to asbestos, ensure you get expert legal advice.
Our expert Asbestos lawyers can help
An experienced asbestos lawyer will be able to assess your case and advise you of your legal entitlements. Each State and Territory has different laws regarding asbestos compensation and the degree to which your asbestos exposure needs to have contributed to your condition. 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 by referral to our in-house Social Work team where required and eligible.
We're here to help. If 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.
More information
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.
