Asbestos is a naturally occurring mineral which is made up of fine, durable fibres which are resistant to heat, fire and many chemicals. Asbestos was used for many different purposes including building materials, fireproof vests and in home or commercial construction.
Asbestosis and Mesothelioma
Those who have been exposed to asbestos may develop a dust disease. The gap between exposure and the first appearance of symptoms can range between 10 and 50 years.
Various lung conditions that can be traced directly to asbestos exposure include:
- Asbestos related Pleural Plaques disease
- Asbestos related lung cancer
- Coal Dust
Asbestosis is a degenerative and progressive non-malignant, long term respiratory condition. It is a chronic inflammatory and scarring disease affecting the tissue of the lungs. Scars continue to grow and inhibit oxygen transferred to the lung causing increasing difficulty in breathing.
Mesothelioma is an aggressive cancer of the lining of the lung and abdomen. Mesothelioma is typically recognised as the most clearly attributable disease resulting from asbestos exposure. Signs and symptoms of mesothelioma can include shortness of breath, a swollen abdomen, chest pain, cough and tiredness.
How to make a claim
A claim can be made with the Dust Disease Board and/or the Dust Disease Tribunal.
You are entitled to make a claim upon the Dust Disease Board provided that you:
- Were exposed to dust, such as asbestos or sor silica while employed in New South Wales.
- Have contracted a nominated disease such as asbestosis or mesothelioma.
Should you meet the above criteria you may be entitled to weekly payments of compensation for your loss of wages and have all of your related medical expenses paid for.
Additionally you are entitled to make a claim upon the Dust Disease Tribunal for lump sum compensation. In order to do so you need to establish that one or more of your employers or manufacturers of asbestos products were negligent and that as a consequence of that negligence you now suffer from the dust disease.
If you are awarded a lump sum of damages from the Tribunal your rights to weekly compensation and medical expenses from the Dust Diseases Board continues.
How to register a claim
To make a claim in the Dust Disease Board an “Application for past or present worker for workers compensation benefits” is required to be completed and lodged with the Board.
Brydens Lawyers are the experts in prosecution of dust diseases claims particularly for asbestos and mesothelioma.
In order to investigate any entitlement that you may have to compensation contact Brydens Lawyers.