Asbestos Illness – What are my options?
Asbestos exposure can have serious health consequences for Australians of all ages. However, the law in Queensland may provide some relief if you or someone you know finds themselves unable to work due to an Asbestos-related illness. Asbestos products are relatively harmless until interfered with, at which time they can become disturbed, and release small fibres into the air. Once these fibres are inhaled, they stick to the lungs and can cause serious health issues.
Exposure to Asbestos can occur following property renovations, handling products containing Asbestos at work, or handling equipment that has been exposed to Asbestos.
What kinds of illness can be caused by Asbestos?
Asbestos exposure can cause a number of health issues relating to the lungs. Asbestos relates to particles inhaled by an individual, therefore commonly cause respiratory issues. Examples of Asbestos related health issues include: lung cancer, asbestosis, and mesothelioma.
What kind of claim can I make?
If you have suffered an Asbestos related illness and are now unable to work, you may have entitlement to make a few different claims.
Workers Compensation – If you have been exposed to Asbestos in the course of your employment, you will be entitled to a Workers Compensation claim. This is usually achieved by lodging a claim with WorkCover Queensland (or the relevant self-insurer body). Once lodged a WorkCover claim can cover a workers wages, and treatment / medical expenses while they attempt to rehabilitate themselves.
Public Liability – if you have been exposed to Asbestos in a public area, not in the course of your employment, you may be entitled to make a public liability claim against the entity harbouring the Asbestos materials you were exposed to. A public liability claim allows the injured person to claim a range of compensation; including, but not limited to, the following: pain and suffering damages, past and future medical expenses, past and future economic loss, care and any out of pocket expenses related to the illness.
The compensation elements above are also potentially available for those exposed to Asbestos in the course of their employment, under a Workers Compensation common law claim. To determine if this is a viable option for you, it is crucial to consult a personal injury law specialist, as there can be consequences with your WorkCover Claim.
Total and Permanent Disablement – If it is determined that due to the severity of the illness suffered from Asbestos exposure, that you are unlikely to return to your pre-illness occupation, then you may be entitled to a total and permanent disablement claim (TPD). TPD is a specific type of insurance commonly held under your superannuation policy. Unlike other types of claims, a TPD claim can be run concurrently with a public liability or workers compensation claim, therefore maximising the financial relief to you and your family. To find out if you have cover, contact a personal injury specialist.
The Next Steps
In summary, Asbestos related health issues can pose a significant health concern. That said, there are options available to alleviate the financial burdens imposed by serious illness. Contact a personal injury specialist for specific and tailed advice on which of the above options would be most suitable to your individual circumstances. With the stress of finances eased, you can focus on the most important thing, your health!
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
