ASBESTOS RELATED CANCERS AND COMPENSATION

If you have been diagnosed with an asbestos cancer then we can help you obtain the compensation that you deserve.

The solicitors on our referral panel are experienced personal injury lawyers who specialise in asbestos law and asbestos compensation claims.

Contact us today for a free referral and legal advice.

What is lung cancer?

There are various forms of lung cancer including non-small cell and small cell, squamous cell and adenocarcinoma.  Each of these affects the airways and other structures within the lung.  

Asbestos-related lung cancer and compensation

Asbestos is a recognised carcinogen which is known to increase the risk of lung cancer.  There is some scientific controversy regarding the extent of asbestos dust exposure required before a lung cancer can be regarded as being caused by asbestos.  The dominant view is known as the Helsinki Criteria which was reached by an international body of experts.  The Helsinki Criteria regards lung cancer as asbestos-related where the person has a total exposure of 25 fibre/ml/years exposure.  This is a combination of the severity and duration of the exposure.  This level of exposure is equivalent to 1 year of heavy exposure (demolition works, or work in an asbestos factory) or 5-10 years of moderate exposure (carpentry or plumbing work using asbestos products).

Tobacco smoking is also a recognised carcinogen which increases the risk of lung cancer.  Interestingly when a person is both a smoker and has a history of significant asbestos dust exposure the risk of lung cancer is multiplied.  This is called the synergistic effect.

Compensation is available for lung cancer if the person’s asbestos dust exposure is sufficient to be regarded as a cause of the lung cancer.  It is not necessary that the asbestos dust exposure be the sole cause or even the main cause.  Given the synergistic relationship between tobacco smoke and asbestos dust a person can frequently succeed in a compensation claim even if they have a history of smoking.  Unfortunately many doctors will not inquire into a person’s occupational history when they are diagnosed with lung cancer but will merely ask if they were a smoker.  Therefore if a person has been diagnosed with lung cancer they should bring asbestos exposure, or any other work exposures, to the attention of their treating doctor so that they may give consideration to whether the asbestos exposure has played a role in the cause of the lung cancer.

Who can I sue for Compensation?

To ensure that your rights are protected we recommend you contact a lawyer who will take a life and employment history of all of your potential exposures to asbestos in your lifetime. Very often if you worked with asbestos your previous employer may have gone out of business. This may not preclude you from starting a claim for your compensable injury of lung cancer. Depending on your own personal history your lawyer will issue your claim against your former employer or the manufacturer of the asbestos products you used or of the occupier or body responsible for ensuring your safety in the workplace. The whole process should be complete within 3 to 6 months.

Statute of Limitations

In most Australian states, there are strict time limits for when you can bring a claim in relation to personal injuries. These vary from state to state, but in general, your time for bringing a claim starts to run from the date you are diagnosed. It is a good idea to see a lawyer as soon as possible after diagnosis, who will provide further advice about when and how to commence a claim.

Commonly asked questions:

Q – Can I get compensation even if I have smoked?

A - Yes. While a smoking history may impact on the amount of compensation you receive, it does not alter your right to pursue a claim if you are diagnosed with one of the asbestos related conditions outlined above.

Q - Can I bring a claim even if my employer has gone out of business?

A – Yes. Even if your employer is no longer in business, the law provides that such companies can be reinstated for the purposes of personal injury litigation.  You should speak to a lawyer about this, who can explain the process to you.

Q – Can I bring a claim if some of my exposure is overseas or in different states of Australia?

A – Yes. The law that governs your claim will generally be the law of the area or jurisdiction that you were exposed in. If you have been exposed in another state or country, it may be the case that different procedures for bringing a claim apply. This can sometimes be complicated and requires the advice of an expert lawyer in the field.

Q – Must a claim be commenced in my lifetime?

A – A claim for compensation should be commenced in your lifetime, as this can mean significantly more compensation for you and your family. As soon as you are diagnosed with an asbestos related condition, you should contact a lawyer, who can generally get the litigation process underway immediately, so as to protect any potential entitlements.

If you have any questions about what is involved in making an asbestos cancer compensation claim, please contact us through our online form and a lawyer will be in touch with you as soon as possible.