Asbestos Claims Guide: Making a Successful Claim

Written by:

Katie Ferrier

August 20, 2024

Asbestos, a naturally occurring mineral fibre, casts a long shadow over Australia’s history. Once widely used in construction, shipbuilding, and other industries, it has left a tragic legacy. Hundreds of thousands of Australians have been exposed to asbestos fibres, often unknowingly, even after the dangers were apparent.

The consequences are devastating. Asbestos exposure can trigger a range of cancers and lung diseases that may take 10 to 50 years to appear. Sadly, these illnesses often lead to death shortly after diagnosis. In New South Wales alone, an estimated 4,000 Australians die each year from asbestos-related diseases – a number exceeding the national road toll.

Quick Links

What is asbestosis and what causes it?
How to know if you qualify to make a claim
The asbestos claims process

Asbestos compensation payouts
How long does the claims process take?
Why you should work with a lawyer

What is asbestosis and what causes it?

If you are someone who has been affected by asbestos exposure, it’s important to understand what asbestosis is and how people get it. According to Health Direct, asbestosis is a chronic, incurable lung condition that is caused by asbestos dust and fibres. These fibres can scar the lungs, making it difficult to breathe.

Here are some of the most common symptoms of asbestosis:

Shortness of breath: This is often the first symptom and can worsen over time, especially with physical activity.
Persistent cough: This can be dry or productive (with mucus).
Chest tightness or pain: This can be a constant ache or a sharp pain that worsens with a deep breath or cough.
Pleural effusions: A build-up of fluid between the lungs and chest, found through a chest x-ray or physical examination.
Fatigue: Feeling unusually tired or out of breath can be a sign of reduced lung function.

Causes

The main reason that people get asbestosis is due to prolonged exposure to asbestos fibres.

The asbestos fibres float into the air and get stuck in the alveoli, which are small sacs that reside inside the lungs. The alveoli are where oxygen is exchanged for carbon dioxide in the blood. Because the sacs are sensitive, the fibres irritate the lung tissue to the point of scarring. When this happens the lungs as a whole become stiff, which, in turn, makes it difficult to breathe.

Asbestosis is only one kind of asbestos-related disease, other common ailments include mesothelioma and pleural plaques.

Mesothelioma

Mesothelioma is a form of cancer affecting the tissue that lines the body cavities and is extremely deadly because it spreads very quickly after the first symptoms appear. According to The Australia Cancer Council, symptoms of mesothelioma include:

Shortness of breath
Chest pain
Pain in the shoulder and upper arm
Sensitive skin
Loss of appetite and/or weight loss
Loss of energy
Persistent cough or a change in a person’s usual cough
Excessive sweating, especially at night.

Mesothelioma has a latency period of between 20 to 60 years.

If you can prove that you developed mesothelioma as a result of negligence, there is a chance that you can file a mesothelioma claim.

Pleural plaques

The other common illness associated with asbestos is called pleural plaques. This is a non-cancerous form of lung disease that alone is considered non-life threatening, but can also take a toll on the body.

Pleural plaques, characterised by patches of fibrous thickening on the pleura (lining of the lungs), are typically caused by asbestos exposure. According to the Asbestos & Mesothelioma Association of Australia, there is no known effective treatment.

While pleural plaques are often asymptomatic, some symptoms include:

Chest pain: This can be a dull ache or a sharp pain, sometimes worsened by taking a deep breath or coughing.
Pleural rub: This is a scratchy or grating sensation felt in the chest during breathing, caused by the thickened pleura rubbing together.
Shortness of breath: This can be mild and may only occur during exertion.

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How to know if you qualify to make a claim

Have you or someone you know been exposed to asbestos? You may be wondering if you qualify to make a claim as a result of this asbestos exposure.

Unlike most illnesses, mesothelioma and asbestosis have only one well-defined cause — asbestos exposure. Companies that have failed to warn about the dangers of asbestos have been held liable for exposing workers and the public so many individuals with asbestos-related diseases are qualified to make a compensation claim. This helps victims pay medical costs and provide for their families.

If you’ve lost a loved one to an asbestos-related illness, you can also file a wrongful death lawsuit on their behalf.

Commonly affected occupations

Many professions put workers at risk of asbestos exposure, including:

Transport workers
Miners and millers
Cement manufacturing workers
Builders and construction workers
Plumbers
Insulators
Electricians
Mechanics.

Building the case for your asbestos claim

Medical evidence is key
A crucial element in your case is having a confirmed diagnosis from a medical professional.

This is typically achieved through a series of tests that can identify asbestos-related diseases like mesothelioma or asbestosis. Medical records documenting your diagnosis and ongoing treatment will become vital evidence.
Proving exposure
Demonstrating your exposure to asbestos is another key component. While you may not recall the exact details, your lawyer can be a valuable asset.

Through a process called discovery, they’ll investigate your work and living history to pinpoint potential sources of exposure. This might involve reviewing employment records, historical building materials used in your workplace or residence, and potentially interviewing colleagues who may share similar experiences.

If an employee can prove their workplace is at fault for their illness, they should ask for help applying for workers’ compensation.
Establishing liability
To secure compensation, you’ll need to show that a company or other party was negligent in their duty of care – meaning they failed to take reasonable steps to protect you from asbestos exposure.

At this point, if you are feeling overwhelmed, you should know that your legal team will assist you in collecting the right information, documents and pieces of evidence that will help build your case.

Your lawyer will gather evidence to support this claim, such as:
- Company safety records
- Industry standards, and
- Any documentation indicating awareness of the dangers of asbestos at the time of your exposure.

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The asbestos claims process

Making a claim may seem like a complex and difficult process, but it doesn’t have to be because the GMP Law legal team is here to assist you with your compensation claim.

How to file a claim

Nearly all claims for asbestosis and other dust diseases are settled in less than 18 months, and many take only 3-4 months.

Proving liability in the case of asbestos-related disease is predicated on the understanding that if you were exposed to asbestos, someone besides yourself is to blame. If that person, company or entity still exists, you can bring a common law claim against them. If there is no one to claim against, you can still file a statutory claim for asbestos compensation.

Filing a civil or a statutory claim

Your legal team will help you determine what the best course of action is when it comes to filing your asbestos claim.

Here are the main possibilities:

Personal injury or workplace negligence claim (common law)
A civil or common law claim can be filed as a personal injury claim or a workplace negligence claim. This path is ideal if you can demonstrate that an employer or manufacturer of products you used was negligent in exposing you to asbestos.

In NSW, the Dust Diseases Tribunal of New South Wales is the specialised court that handles common law claims. It was established in 1989 to deal with dust-related conditions specifically.
Statutory claim
If your asbestosis wasn’t caused by exposure through your employment, your lawyer may advise that you file a statutory claim with one of the many payout schemes available across Australia. These payout schemes are funded by companies that faced significant legal settlements after it was revealed they knew about the dangers of asbestos exposure but failed to protect workers or warn the public.

These schemes are administered by Comcare for Commonwealth claims, and by individual states or territories for regional programs.
Dual claims (statutory and common law)
In some cases, you may be eligible to file both a statutory claim and a common law claim. This will help to maximise your overall potential compensation.

Your lawyer will assess the specifics of your situation and recommend the most effective strategy to secure the compensation you deserve.

Asbestos compensation payouts

Compensation amounts for asbestos-related illnesses vary significantly based on individual circumstances. Payouts can range from hundreds of thousands to millions of dollars.

Payout amounts will vary based on:

The severity of the illness: Individuals with more severe diagnoses, such as those in the end stages of a terminal dust disease caused by asbestos, will typically receive higher settlements. For instance, claimants diagnosed with mesothelioma often receive between $450,000 and $500,000 for pain and suffering alone.
Loss of earnings: Individuals with higher earning potential—usually younger individuals who would have had more years in the workforce without their dust disease diagnosis—may receive larger compensation packages. Compensation might cover the loss of income as well as super contributions.
Care requirements: The need for ongoing care, such as home assistance or specialised medical treatment significantly impacts the award. Similarly, if they are care providers (with dependents, for instance) their compensation will account for this.

A recent case we handled resulted in a $1,250,000 payout.

Our client was suffering from mesothelioma and was also the primary caregiver for a disabled adult child. The settlement amount reflects the extent of their hardship and also ensures the continuation of the care of their child.

Here are some other scenarios that illustrate the range in severity which will ultimately affect the compensation amount:

High severity	John A shipyard worker for 20 years, John was diagnosed with mesothelioma at age 55. During his employment, the shipyard notoriously disregarded safety protocols related to asbestos dust exposure. John’s extensive medical bills, lost wages, pain and suffering, and the future needs of his family due to his likely shortened lifespan all contribute to a potentially very high compensation amount.
High severity	Sarah A homeowner for 30 years, Sarah was diagnosed with mesothelioma. She was an avid DIYer and completed extensive home renovations over the years. Unfortunately, she was unaware that the home’s construction materials contained non-friable asbestos until she began renovations. During the process, the asbestos was disturbed, leading to the release of harmful dust particles. Her illness is severe so her compensation amount will account for this pain and suffering. Since she still resides in her home, the material can also be tested for asbestos and the manufacturer could be identified (such as James Hardie’s low-density board, Villaboard or SuperSix).
Lower severity	David A construction worker for 5 years in his early 20s, David developed asbestosis. A doctor has confirmed his condition is linked to past asbestos exposure. David can demonstrate his employer ignored safety measures during a renovation project where he inhaled significant dust. While asbestosis is not as severe a condition as mesothelioma, David can still make a claim, however, his compensation may be limited.
Lower severity	Lisa A teacher for 25 years, Lisa has recently been diagnosed with pleural plaques. The school building is believed to have contained some asbestos-containing materials and Lisa was working in the vicinity of this building while extensive dusty renovations were undertaken. This may be her only possible source of exposure as she has not undertaken home renovations or worked in other industries where it is recognised asbestos exposure occurs. Unfortunately for Lisa, pleural plaques alone do not entitle a person to compensation. If pleural plaques develop into a more serious condition, such as asbestosis which restricts lung function, then she may be eligible to pursue a compensation claim.

Negligence and compensation

In dust disease claims, negligence is established when there is a link between the claimant’s exposure to harmful substances and their resulting illness.

The hazardous nature of industries involving exposure to substances like silica and asbestos necessitates a strong emphasis on worker compensation. Recognising the inherent dangers these workers face, legal frameworks often focus on compensating workers who have suffered from these occupational diseases.

How long does the claims process take?

The typical timeframe for resolving an asbestos compensation claim is between one and two years from initiation to settlement. However, it’s essential to note that this is an average, and the actual duration can vary significantly based on individual circumstances.

In cases where the claimant’s health is rapidly deteriorating, NSW’s Dust Diseases Tribunal offers expedited processes. This often involves obtaining a medical prognosis indicating a limited life expectancy. With this evidence, the Tribunal can prioritise the case, leading to a significantly faster resolution.

The quickest dust disease compensation claim we have processed took just 10 weeks, from opening the file to settlement.

It’s important to consult with an experienced asbestos lawyer to understand the specific timelines and procedures applicable to your case.

What is the statute of limitations for a common law asbestos claim?

The time limit for filing a common law asbestos claim in Australia (known as the statute of limitations) varies depending on the state or territory where you were diagnosed.

NSW:

There’s no strict time limit for filing a common law claim in NSW for an asbestos-related disease.
However, courts may consider a significant delay in filing a claim a disadvantage. Delays can make it harder to gather evidence and weaken your case.

QLD:

As with all personal injury damages claims in Queensland, you have three years from the date you became aware of your injury to file a common law claim.

The complexity and variation in time limits across states and territories underscore the importance of consulting with a specialised dust diseases lawyer. They will be able to advise you on the time limits, if they apply, in your state or territory.

NSW Dust Diseases Tribunal

To be eligible for compensation under the Dust Diseases Tribunal Act 1989, a person must have or currently be suffering from a dust-related condition.

This includes:

Aluminosis
Asbestosis
Asbestos induced carcinoma
Asbestos-related pleural diseases
Bagassosis
Berylliosis
Byssinosis
Coal dust pneumoconiosis
Farmers’ lung
Hard metal pneumoconiosis
Mesothelioma
Silicosis
Silico-tuberculosis
Talcosis

The Tribunal specifically considers conditions affecting the lungs, pleura, or peritoneum resulting from exposure to substances like asbestos, silica, coal dust, or other industrial pollutants.

FAQs

I used to smoke. Can I still file an asbestos claim?

Yes, you can still file an asbestos claim even if you have a history of smoking. While smoking can worsen the effects of asbestos exposure, it doesn’t automatically disqualify you from seeing compensation.

If my loved one has died, can I still file a claim?

Yes, in most Australian states and territories, you may be eligible to file a claim on behalf of a deceased loved one who passed away from an asbestos-related disease. It’s important to consult a lawyer to understand the specific eligibility requirements and time limits that apply in your state.

I was exposed to asbestos at home, not at work. Can I still claim compensation?

Yes, you can still claim compensation for asbestos exposure even if it didn’t happen at work. Here are some scenarios where you might have a case:

Home renovations: If your home renovation project disturbed asbestos-containing materials, you could be eligible to claim.
Second-hand exposure: If you lived with someone who worked in an environment with asbestos and developed related health problems due to exposure through them, you might have a claim.
Faulty products: Exposure to asbestos-containing products used in homes, like insulation or certain building materials, could be grounds for a claim.

Why you should work with a lawyer

Asbestosis and mesothelioma can take a serious and damaging toll on the affected person, both physically and financially. The last thing you need is the added burden of complex legal matters.

At GMP Law, our compassionate team understands the challenges you face, and we’re here to help you navigate the claims process with confidence.

Experience legal support

Our lawyers specialise in asbestos claims and will ensure your case is handled accurately and efficiently.

We will:

Calculate your damages: We meticulously review medical bills, lost wages and future costs associated with your dust disease to determine the appropriate compensation amount.
Protect your financial security: This includes lost income, future missed contributions to super funds, and potential loss of financial support for your family.
Fight for your rights: Whether pursuing a common law personal injury claim, workers’ compensation, or a government-run statutory scheme, we will advocate for the best possible outcome on your behalf.

At Gerard Malouf & Partners, we work on a no-win, no-fee basis for asbestos exposure victims. You only pay legal fees if we secure compensation in your case.

Are you interested in learning more about filing an asbestos claims case for potential compensation? Read our complete guide to dust disease compensation claims and speak to our asbestos compensation lawyers today.

Author

Katie Ferrier

Senior Associate

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.

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Asbestos Claims Guide: Making a Successful Claim

What is asbestosis and what causes it?

Causes

Mesothelioma

Pleural plaques

Find out how much you can claim today.

Call 1800 004 878

How to know if you qualify to make a claim

Commonly affected occupations

Building the case for your asbestos claim

You're in Expert Hands

Contact us for confidential, free advice.

The asbestos claims process

How to file a claim

Filing a civil or a statutory claim

Asbestos compensation payouts

Negligence and compensation

How long does the claims process take?

What is the statute of limitations for a common law asbestos claim?

NSW Dust Diseases Tribunal

FAQs

Why you should work with a lawyer

Experience legal support

Katie Ferrier

Senior Associate

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