The third wave of asbestos litigation: Emerging risks from DIY projects
Australia is currently navigating what could be termed the “third wave” of dust disease litigation. This new phase is marked
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Asbestos, a once-common building material, is now recognised as a serious health hazard. Despite its ban in Australia decades ago, exposure to asbestos remains a significant concern. Understanding the risks associated with asbestos is crucial for protecting your health as well as the health of those around you.
In this article, we’ll explore the dangers of asbestos, common exposure scenarios, and the potential health consequences. We’ll also discuss the legal implications of asbestos exposure and the steps you can take to seek compensation if necessary.
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Asbestos is a group of naturally occurring minerals known for their fire-resistant and insulating properties. Due to these qualities, asbestos was widely used in construction and manufacturing materials, such as insulation, flooring, roofing, and pipe coatings.
You may be exposed to asbestos if you:
Occupational exposure to asbestos remains a significant concern, especially for individuals working in industries where asbestos was commonly used before its ban.
Jobs with a higher risk of exposure include:
Due to the lengthy latency period of dust-related diseases and the fact that asbestos mining was only banned in 1983, we continue to see numerous compensation claims from individuals suffering from occupational exposure.
Interestingly, as of 2022, the Australian Institute of Health and Welfare’s 2022 report on Mesothelioma in Australia indicates that non-occupational asbestos exposure now surpasses occupational exposure in terms of prevalence. This highlights the importance of being aware of asbestos exposure in both workplace and non-workplace settings.
Research conducted at asbestos cement factories in Casale Monferrato (Italy), Manville (New Jersey, USA) and Yorkshire (UK) has demonstrated that living within a half kilometer of an asbestos plant significantly increases the risk of exposure and the likelihood of developing asbestos-related diseases.
There is no safe level of asbestos exposure. But, some factors could make your exposure more dangerous for your health.
The risk of asbestos-related health problems is influenced by both the amount and duration of exposure. Even low levels of asbestos exposure can be hazardous, but the danger increases significantly with higher levels and prolonged exposure.
In cases involving people who mined asbestos at places like Wittenoom, insulated pipes with it, or worked with asbestos sheets, establishing a link between their exposure and the later onset of a dust disease has been fairly straightforward. This is because their regular and significant exposure makes it easier to trace the origin of their illnesses.
However, there have also been instances where family members of these workers—such as wives washing work clothes or children hugging their fathers upon returning from work—have also developed asbestos-related diseases. These cases demonstrate that even indirect exposure can lead to serious health issues.
Any contact with asbestos, whether direct or indirect, carries a risk of serious and potentially fatal diseases. It’s important to take all necessary precautions to minimise exposure and protect your health.
The health risks associated with asbestos exposure depend largely on the duration and intensity of exposure:
Asbestos fibres are microscopic and can become airborne when disturbed. Inhalation of these fibres is the primary route of exposure. Once inhaled, the fibres can become lodged in the lungs or other parts of the respiratory system, leading to inflammation and scarring. This chronic irritation increases the risk of developing serious health conditions.
Asbestos-related diseases often develop slowly, and symptoms may not appear until many years after exposure. Common health issues associated with asbestos include:
Asbestosis | A chronic lung disease characterised by inflammation and scarring of lung tissue. Symptoms include persistent cough, shortness of breath, and chest pain. Asbestosis often leads to a progressive decline in lung function. |
Pleural disease | This non-cancerous lung condition affects the membranes surrounding the lungs and chest cavity. It causes these membranes to thicken, which can impair respiratory function by reducing the efficiency of the chest’s ability to expand and contract. |
Lung cancer | Asbestos exposure increases the risk of developing lung cancer, especially in smokers. Symptoms may include a persistent cough, chest pain, coughing up blood, and unexplained weight loss. |
Mesothelioma | This is a rare but aggressive cancer that primarily affects the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma). Symptoms of pleural mesothelioma include persistent cough, chest pain, and difficulty breathing, while peritoneal mesothelioma can cause abdominal pain, swelling, and weight loss. |
If you have a history of asbestos exposure and experience any of the following symptoms, it’s important to seek medical evaluation:
Early detection is crucial for managing asbestos-related diseases, so regular medical check-ups and monitoring are recommended for individuals with known asbestos exposure.
Whether you’re concerned about past exposure or seeking guidance on current safety measures, these answers will provide valuable insights into protecting yourself and others from the dangers of asbestos.
According to SafeWork Australia in their 2024, ‘Workplace exposure standards for airborne contaminants,’ the asbestos exposure limit is 0.1 fibres per millilitre (f/mL) of air over an 8-hour workday.
The same limit applies to all types of asbestos—including Amosite, Chrysotile, and Crocidolite—because they all pose similar health risks.
Asbestos poses a danger because its fibres can become airborne and inhaled. Once inside the lungs, these fibres can cause serious health problems, including respiratory diseases and cancer, due to their ability to irritate and damage lung tissue over time.
A single, brief exposure to asbestos is generally considered to have a lower risk compared to long-term, high-level exposures. However, no level of exposure is completely risk-free.
The danger increases with the duration and intensity of exposure, and even a single exposure can contribute to long-term health risks, especially if the asbestos exposure was significant.
Yes, some types of asbestos are considered more dangerous than others.
There are six main types of asbestos, with chrysotile (white asbestos) being the most commonly used and less hazardous compared to amphibole asbestos types like crocidolite (blue asbestos) and amosite (brown asbestos).
Amphibole asbestos types are generally associated with a higher risk of lung diseases and cancers due to their longer, more rigid fibres that can penetrate lung tissue more deeply and remain there longer.
Knowing if you’ve been exposed to asbestos can be challenging without a clear history of exposure.
If you suspect exposure, it’s important to consult with a healthcare professional who can review your medical and occupational history to assess your risk. In some cases, doctors might use imaging tests like chest X-rays or CT scans to check for signs of asbestos-related diseases, but these are usually more indicative of long-term exposure rather than a single incident.
Asbestos-related diseases often have long latency periods, meaning symptoms can take many years to develop after exposure.
Asbestosis | Symptoms typically appear 10 to 30 years after exposure. |
Mesothelioma | Symptoms can take 20 to 60 years to develop. |
Lung cancer | The latency period for lung cancer caused by asbestos exposure is generally between 10 to 40 years. |
It’s important to note that these are average timelines, and individual experiences may vary.
If you believe you’ve been exposed to asbestos, here are some steps to take:
If you’ve become unwell due to asbestos exposure, you may be eligible for compensation.
A key factor in determining your eligibility is duty of care.
Employers and manufacturers have a legal obligation to provide a safe environment and prevent exposure to harmful substances like asbestos. If they failed to fulfill this duty, and your illness resulted from this negligence, you may have grounds for a claim.
Proving a breach of duty of care is crucial for seeking compensation.
You have two main avenues to pursue compensation in Australia: personal injury claims and workers’ compensation.
Scope | Applicable to a wider range of situations, including exposure from non-workplace settings. |
Process | Involves proving negligence on the part of the responsible party, usually with the guidance and support of a qualified dust disease lawyer. |
Potential compensation | Can include medical expenses, lost wages, pain and suffering, and future losses. The average compensation for pain and suffering in mesothelioma personal injury claims is approximately half a million dollars. |
Scope | Specifically designed for workplace injuries and illnesses. |
Process | Typically involves filing a claim with the relevant workers’ compensation authority. |
Potential compensation | Can include medical expenses, lost wages, and rehabilitation costs. |
A recent case run by our firm highlights the devastating consequences of asbestos exposure, even when the contact is limited and seemingly insignificant.
A man was unknowingly exposed to asbestos while breaking up some asbestos fibro to throw in a trailer destined for the rubbish tip. Despite the limited exposure, he later developed mesothelioma. The latency period for this disease can be decades, making it difficult to pinpoint the exact source of exposure.
The man initially approached another law firm but was turned away.
GMP Law stepped in, determined to help him seek justice. We conducted a thorough investigation, interviewing the man, his family, and his former colleagues to identify potential sources of exposure.
Despite the challenges posed by the limited exposure and passage of time, we successfully built a compelling case. The Dust Diseases Tribunal found in favour of our client, awarding substantial compensation to his family.
This case underscores the importance of seeking legal advice if you suspect asbestos exposure. Even a brief exposure can have serious health consequences. Our firm specialises in asbestos claims and is committed to helping victims obtain the compensation they deserve.
Navigating the legal process for a personal injury claim can be complex. But, having a qualified dust disease lawyer by your side can make a significant difference.
Here’s a brief overview of what you can expect:
Our skilled team of personal injury lawyers can provide invaluable guidance and support throughout the legal process.
We will:
Don’t hesitate to reach out to our experienced team at GMP Law for a free consultation. We can assess your case and provide you with the guidance and support you need.
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With seven years of legal experience, Katie Ferrier specialises in Dust Disease and Medical Negligence claims. Katie combines a rigorous analytical approach with deep empathy to achieve optimal outcomes for clients impacted by negligence.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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