Turner Freeman Lawyers has clarified the legal rights of individuals diagnosed with recognised dust diseases such as mesothelioma, asbestosis, asbestos-related pleural disease, lung cancer, or silicosis. Those affected may be entitled to a range of benefits, including coverage of medical treatment costs, a weekly pension, damages for pain and suffering, loss of enjoyment of life, reduced life expectancy, and domestic care and assistance. In certain cases, compensation may also be available for diminished capacity to care for a loved one.
Eligibility and Types of Claims
The specific claims and entitlements available depend on whether the asbestos exposure occurred while the individual was working as a sole trader or as an employee in New South Wales. Importantly, second-hand or bystander exposure can also be compensated. This occurs, for example, when a family member—such as a spouse or child of someone who worked around asbestos dust and fibres—is diagnosed with a dust disease. Their exposure often results from washing clothes covered in asbestos dust or assisting with demolition or DIY home projects involving asbestos materials.
Common Occupations at Risk
Claims can be pursued against former employers or manufacturers of asbestos products. Occupations and duties with known asbestos exposure include: electricians who cut through asbestos cement fibro sheets to install power points and lighting; carpenters who removed or installed asbestos fibro sheets on walls and eaves, or cut through compressed asbestos cement flooring; plumbers and water board workers exposed to asbestos pipes; boilermakers exposed to asbestos lagging; those working around boilers and furnaces; and individuals who served in the Army or Navy.
Next Steps for Affected Individuals
If you have been exposed to asbestos dust and fibres in any capacity in the past, Turner Freeman Lawyers recommends contacting their office to register your exposure and obtain advice on whether you may have a potential compensation claim for workers' compensation benefits or common law damages. Additionally, individuals with a history of exposure to coal dust or silica resulting in breathing difficulties should also seek legal advice.
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