We understand the traumatic and devastating effects a dust or asbestos related disease can have on you and your family. Since 1969 we have acted for hundreds of clients in similar situations who have all suffered from a similar disease and we've helped them get the compensation they deserved.
You may be able to claim compensation. In any case, we will be able to determine if you have a legitimate dust disease claim and advise you on your options if you would like to make a claim. Contact our Compensation & Insurance Claims Team today to book in for your free preliminary assessment.
I think I have a dust disease claim, what is the first step?
You need to ensure you have been diagnosed with a defined dust disease, in accordance with the Dust Diseases Tribunal of NSW. To do this you will need to have undergone a series of tests as recommended to you by your Doctor, including radiological tests, CT scans, x-rays and/or MRI scans. These tests will establish that a disease does exist and provide us with evidence of that fact.
At this stage you should contact an experienced Dust Diseases Lawyer who has experience in all types of dust disease and asbestos related litigation.
As soon as you have established the existence of a dust or asbestos disease you will need to immediately register with iCare, which is a separate entity to the previously mentioned Tribunal. We will guide you through this registration process. Registering with the board entitles you to expenses (medical, out of pocket, pension, etc).
In addition to expenses, you may also have a right to make a Common Law Damages Claim if it can be proved there was negligence that resulted in the disease.
Who might be prone to dust & asbestos diseases?
All forms of tradesmen and labourers who worked in Australia from the 1940s to the 1980s. This includes, but is not limited to, factory workers, construction workers, plumbers, builders, carpenters, decorators, miners, electricians, dockyard workers, fitters and tuners.
Anyone in the service industry who was involved with cabling, piping, operating heavy machinery and moving goods might also have a dust or asbestos related disease.
Are there any exceptions on who can make a claim?
If you have been diagnosed with a dust disease you can make a claim even if:
You were exposed to dust and/or asbestos more than 50 years ago
You were exposed to dust and/or asbestos by multiple employers
Your exposure to dust and/or asbestos occurred outside of work or even while you were unemployed or doing home renovations
You previously smoked cigarettes or currently smoke them
Your employer at the time of exposure has now gone out of business (or the owner of the business has died, relocated or changed industries)
You were a contractor or self-employed at the time of exposure
You have no idea when, where or how you were exposed to dust and/or asbestos
How much will it cost to make a dust diseases claim?
Your first consultation with one of our experienced Dust Disease Lawyers is free and without any obligation. We will be able to determine if you have a legitimate claim before proceeding further.
If we think you have a viable claim and you wish to proceed we will do so on a strictly ‘No Win, No Fee‘ basis. This means we will fund the entire claims process and then recover our costs at the end, in line with the Court Scale, when the claim has been finalised.
Can my family make a claim on behalf of me?
Yes, provided you have already initiated the claim in New South Wales, before passing away. If you initiate the claim while you are still alive the claim will survive your Estate. If you fail to initiate the claim, your family may still make a claim after your death, but their claim will be limited to their personal financial losses that they incurred as a result of your death, not yours. These expenses can include any funeral expenses and wages lost during the process. In any case, we recommend always initiating the claim as soon as possible while you are still able to do so.
What does Turnbull Hill Lawyers have to offer?
We have an experienced and compassionate team of solicitors who will work with you to minimise any stress and inconvenience.
Once we have determined you have a viable claim, if you are not in a position to travel we will visit you at your home, or in hospital, to discuss what you are entitled to and walk you through the claims process. Know that with us you have a fighter in your corner.