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Occupational asthma, lung diseases and WorkCover

If you are suffering from occupational asthma or a lung disease as a result of work, it’s possible you may be able to lodge a WorkCover claim for compensation. If you have a pre-existing condition that was made worse by work, it’s also possible you may have a claim.

Shine Lawyers are expert WorkCover lawyers and we can help you determine your rights and entitlements under Australian law. As part of our service offering we provide all WorkCover compensation claims services on a No Win No Fee* basis, which means you don’t have to pay our legal fees unless we win your claim at the end.

*Conditions apply

The WorkCover legal process

We understand that for many, the legal process can be daunting. The video below provides a simple, step-by-step guide to the process for bringing a claim for compensation with Shine Lawyers.

How WorkCover compensation gets calculated

Depending on the nature of your occupational asthma claim, a monetary value is usually placed on the gap between your predicted life path before the condition, and your actual life path since.

Compensation Diagram

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No Win No Fee arrangement

Common Questions

Occupational asthma is a condition that arises from exposure to dusts, chemicals and other substances at work. It can have a profound impact on a person’s quality of life and can cause complications that can sometimes result in death.

There are many different types of lung conditions aside from industrial or occupational asthma that may be related to work. These include conditions such as asbestosis, mesothelioma, silicosis and pneumonocosis. If you have been diagnosed with any of these conditions, it’s possible you may be entitled to compensation.

Occupational asthma and other related lung conditions can cause serious issues and complications. Recovering compensation to help ease the financial strain these conditions can cause is well within your rights.

To make a claim for occupational asthma, you should seek legal advice from a lawyer experienced in these types of claims. Everyone’s situation is different and no two occupational asthma claims are the same, which is why it’s best to seek legal help so a lawyer can understand the full scope of your situation.

It’s possible to claim for industrial asthma even if you had a pre-existing asthma condition, or if you are, or were, a smoker. Your legal team will need to establish that exposure at work made your conditions worse. The onus is usually on you to prove the causal connection between your employment and your injury.

In some cases, however, it is sufficient that you can establish that there is a higher risk of you suffering a lung condition due to the nature of your employment. In such circumstances, the onus is on WorkCover to prove that your injury is not related to your employment.

In most cases, the insurance company of the employer at fault will compensate you for your condition under their policy. Even if your employer no longer exists or you are not sure where the condition developed, you may still be able to make a claim for compensation.

If you are suffering from occupational asthma or have any other lung conditions or diseases, it’s possible you may be able to claim for:

  • Income loss now and will have in future
  • Pain and suffering
  • Payment for loss of life expectancy
  • Medical expenses you’ve paid in past and will have in future
  • Home help and nursing help
  • Drugs and medical treatment

In order to get an accurate idea of what you can claim for, it is best you seek help from an expert WorkCover lawyer.

The length of an occupational asthma compensation claim will depend on the facts of your particular situation and the complexity of the case. Once we review your situation, we can provide you with an idea of how long your claim might take.

Shine Lawyers provide all personal injury legal services on a No Win No Fee basis, which means that you don’t have to pay our fees unless we win your claim at the end. The legal fees will depend on the amount of work which was needed to resolve your claim and these will differ on a case by case basis.

Shine Lawyers has offices in the following locations across Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Shine Lawyers has expert No Win No Fee lawyers that can help you determine your rights and bring forward a stress claim on your behalf. The below links contain further information regarding your legal options.

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Shine Lawyers also have accredited specialists in personal injury law across the nation.

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