Asbestos & Dust Diseases
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Asbestos Claims
Claims for asbestosis and other dust diseases can be
complicated. You will need expert legal advice to pursue any
potential claim. At Andersons, we can provide the legal
advice, assistance and understanding to walk you through the legal
process to seek compensation for asbestosis or any other dust
diseases you may have been exposed to.
There are many issues to be considered in order to run a
successful claim for compensation, including but not limited
to:
- Where you were exposed?
- How long ago the exposure occurred?
- Was your exposure in the workplace?
- Does that employer still exist?
- Were you an employee or contractor?
- Was your exposure not related to work?
For a free appraisal, complete our 'Online Request Form' or
telephone us on 08 8238 6666 and an experienced solicitor will
contact you about your inquiry.
Asbestosis is a chronic inflammatory medical condition affecting
the lungs occurring after long-term, heavy exposure to asbestos,
for example in the mining industry.
Asbestos is also carcinogenic. The risk comes from inhalation of
asbestos fibres. Lying dormant for up to fifty years, the fibres
can cause lung cancer or mesothelioma, a form of cancer that is
usually caused by previous exposure to asbestos. Even small
exposures to asbestos can cause cancer.
In the past, the disease causing properties of asbestos were not
widely recognised. Many people received dangerous exposures to
asbestos products, often in the course of their employment.
Unfortunately, the dangers of asbestos were often known to
employers at the time. For this reason, asbestos exposure can give
rise to a case in negligence against the party responsible for the
exposure, and entitle an asbestos victim to compensation for their
illnesses.
Asbestos use has now been banned. However, because asbestos
continues to exist in the community, (usually in the form of
building materials) asbestos continues to constitute an ongoing
health problem.
Despite the scientific evidence, asbestos victims have found it
hard to obtain compensation. Governments, recognising that delays
inherent in normal litigation processes were being exploited to
deny sufferers compensation before they died, established special
legislation with theDust Diseases Act 2005. This legislation makes
important changes to the law, significantly expediting compensation
suits.
In particular, the South Australian legislation establishes a
presumption that, where a person who suffers from a dust disease
was exposed to asbestos, the disease arose out of the exposure. It
also establishes a presumption that a person who carried on an
activity that could expose persons to asbestos knew that the
exposure could cause a dust disease. These presumptions make it
much easier to obtain dust diseases compensation.
A person who develops mesothelioma will inevitably realise that
they have a potential claim for compensation. The key thing is to
identify the relevant source of asbestos contamination.
On the other hand a lung cancer sufferer will not necessarily
link the cancer with asbestos, particularly if the person was a
smoker. However, asbestos exposure significantly increases a
smoker's chances of getting lung cancer: a smoking asbestos
worker is much more likely to get lung cancer than any other
smoker. In a number of cases, smokers who suffered asbestos
exposure have successfully obtained asbestos compensation.
Andersons' personal injury lawyers have helped many asbestos
victims obtain the compensation rightfully available to them. We
understand asbestos compensation claims and have been highly
successful in obtaining substantial awards for our clients.
If you think that you might suffer an illness as a result of
asbestos exposure please contact Andersons on 1800 653 655 to
arrange an initial consultation with one of our experienced
personal injuries team solicitors.
Download our brochure on this topic
now
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