Exposure to toxic chemicals, whether at work, in the home, out in public, or during Commonwealth or ACT Government employment can have severe health impacts. Depending on the nature of the exposure, and the effects it has had on your life, it’s possible that you may have a claim for compensation under Australian law.
Do I have a chemical exposure claim?
If you are suffering the effects of chemical exposure or chemical poisoning, you may be entitled to make a claim for compensation. If you have been exposed to harmful chemicals at work, the claim is usually brought about under the WorkCover workers’ compensation legislation.
Assessing whether or not you have a claim is hard without knowing the facts of your situation. There are many things at play that govern whether or not you have a claim.
If you suspect you have been exposed to harmful chemicals and/or have been diagnosed with chemical poisoning, a lawyer will be able to tell if you have a claim after knowing more about you and the circumstances of your case.
What can I claim chemical exposure compensation for?
If you have suffered chemical exposure or chemical poisoning, you may be able to claim for:
- Medical expenses
- Hospital expenses
- Rehabilitation expenses
- Travelling expenses
- Return to work services
- Paid or unpaid home care
- Death compensation claims
What you can claim for really depends on your situation, so it’s best to speak to a lawyer who can give you an accurate assessment of your rights.
What is the chemical exposure claims legal process?
The process of making a chemical exposure claim is different in each state. With workplace injuries, there is often a statutory scheme that you must progress through first. In some states that statutory scheme is a no fault scheme and it does not require you to prove that anyone was negligent in causing your injuries. If certain provisions and thresholds are met, workers are then able to move into common law claims. These types of claims will generally require you to establish who was at fault for your injuries.
Chemical exposure and chemical poisoning claims are generally made under personal injury law in Australia. The legal process can be relatively complicated depending on the nature of your claim, however the below image can give you a good indication of how someone moves through the legal process.
Shine Lawyers are Chemical Exposure Claims experts
Shine Lawyers operate on a No Win No Fee* basis, which means you won’t have to pay our legal services unless we win your claim at the end. As part of our service offering, the first consultation is obligation free, meaning you can find out your rights quickly and easily before progressing anything through the justice system. Get legal advice about your compensation claim today.
Superannuation and Disability Insurance
If you are unable to work due to illness or injury you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim.