When it comes to asbestos compensation claims, even the strongest cases can be undermined by strict time limitations. If you’ve been diagnosed with a disease like asbestosis, it’s critical that you speak to an asbestos disease compensation expert without delay.
What time limits apply to asbestos disease claims?
For an exact answer on the time limits which apply to your condition and your state or territory, talk to an asbestos compensation expert.
Generally, the state in which a person is exposed to asbestos will determine where their claim for compensation should be brought. This will determine what specific time limits will apply to the individual’s case. However, difficulties arise when a person is exposed to asbestos in two or more states. In those cases, an asbestos disease compensation expert will be required to analyse the case and advise on where best to pursue the claim.
Different rules also exist depending on the type of asbestos compensation claim an individual has. The circumstances of asbestos exposure can give rise to different compensation claims, and whether a court claim or a workers' compensation claim is brought will dictate what time limitations are enforced.
What happens if I miss the time limitations period?
Time limits surrounding asbestos disease claims are complex. They vary between the Australian states and territories given the differences in laws.
If claim is not brought within the specified time, the person with the condition may lose their rights to seek compensation for part or all their claim. It is therefore important to seek legal advice immediately upon being diagnosed with a dust disease to avoid missing any important dates.
Shine Lawyers can help you claim on time
If you or a loved one have been diagnosed with asbestosis, Shine Lawyers can help. We have a strong history of delivering successful outcomes for our clients, with compensation allowing access to medical treatment as well as support for their families. You may also be eligible for benefits through your superannuation – we will explore all your options.
Our dust disease compensation experts can give you advice specific to your condition, your region and the time limits which apply to your claim. We offer a No Win No Fee Guarantee*, meaning you won’t pay legal fees if your claim isn’t successful. Get in touch today.
Written by Shine Lawyers. Last modified: October 21, 2020.