Questions About Asbestos Compensation Claims

What are you entitled to claim for an asbestos related disease?
How long will it take to finalise an asbestos claim?
When should I contact an asbestos litigation lawyer?
Shine Lawyers offer a no win-no fee arrangement for asbestos claims

Making an Asbestos Compensation Claim

If you have been exposed to asbestos and diagnosed with an asbestos related disease such as asbestosis, lung cancer, mesothelioma, or asbestos related pleural disease you may be able to claim for compensation.

If you have an asbestos related disease you may be able to make a claim despite the fact that;
• you are no longer employed where you were exposed to asbestos
• the employer is no longer operating where you were exposed to asbestos
• you were self-employed or a contractor when you were exposed to asbestos
• you were working for many employers when you were exposed to asbestos
• you have contracted an asbestos related disease and you are/were a heavy smoker
• the asbestos exposure was not work related
• the asbestos exposure occurred during home renovations
• the asbestos exposure is unknown to you; or
• the asbestos exposure happened more than 50 years ago, interstate or overseas

In addition, if you are related to someone who has passed away from an asbestos related disease you may be able to claim compensation on behalf of their estate. Asbestos related disease claims require careful consideration of complex medical and legal issues.

Asbestos Compensation Claim Information

What are you entitled to claim for an asbestos related disease?

If you have been exposed to asbestos outside of employment in Western Australia, you may be able to claim lump sum compensation known as damages.

Generally asbestos claims are made through the workers compensation statutory scheme and/or through the court under the process of common law where the exposure must be linked to negligence by another party.

If you are currently working and likely to endure a significant loss of earning capacity due to an asbestos related disease, a claim for damages may be your best option to obtain appropriate compensation.

Under the law of negligence, damages compensation is usually made up of a number of different components including;
• pain and suffering
• loss of enjoyment of life
• medical expenses (including future surgical costs, ongoing physiotherapy, home services etc)
• any past and future loss of earnings since contracting an asbestos related disease
• payment to home help and spouses for time spent caring for you
• a payment for reduced life expectancy

In appropriate circumstances, it is possible to accelerate claims for damages compensation for asbestos disease to ensure they are finalised in the sufferer’s lifetime.

How long will it take to finalise an asbestos claim

In appropriate circumstances, it is possible to accelerate claims for damages compensation for asbestos disease to ensure they are finalised in the sufferer’s lifetime. In ordinary circumstances, an asbestos claim will take 6 to 12 months, to reach a settlement.

When should I contact an asbestos litigation lawyer?

It is important that you obtain legal advice so that you can be prepared for some of the issues that may emerge as your condition progresses. If you obtain legal advice early, you will be well prepared to deal with many of the challenges that can emerge in the course of your claim.

It is very important to engage an asbestos litigation expert as soon as practical. Early investigation and information gathering is critical to the success of your claim.

Shine Lawyers offer a no win-no fee arrangement for asbestos claims

Shine Lawyers will only charge professional fees for asbestos related disease claims if the outcome is successful. In other words, no win – no fee. This policy ensures that everyone has access to justice and legal representation, despite financial circumstances.

Our asbestos lawyers have experience in asbestos litigation claims including asbestosis, lung cancer, mesothelioma, or asbestos related pleural disease. The asbestos team offer an obligation free consultation and, which is provided on a confidential basis.


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