Occupational asthma, lung diseases and workers’ compensation
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 workers' compensation claim. 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 workers’ compensation lawyers and we can help you determine your rights and entitlements under Australian law. As part of our service offering, we provide all workers’ 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.
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no obligation appointment with a compensation law expert right away or,
Speak with our team about your options
What is industrial or occupational asthma?
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 pneumoconiosis. If you have been diagnosed with any of these conditions, it’s possible you may be entitled to compensation.
Making a claim for occupational asthma or other related conditions
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 workers’ compensation lawyer.
How can you claim for occupational asthma 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.
How workers’ 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.
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.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation free initial consultation so you can understand your rights and know where you stand.
We are ready to take action to get you access to compensation, protect your future and right wrong. Find out more today:
Occupational asthma and lung diseases FAQs
Can I represent myself, or do I need a workers’ compensation lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Without an experienced workers’ compensation lawyer in your corner, it can be difficult to identify and highlight the strengths of your case.
Without the right legal advice and support, you then may not receive the compensation you're entitled to. A lawyer can help you maximise your lump sum entitlements.
Why trust Shine to be my workers’ compensation lawyers?
At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.
Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.
Where are Shine workers’ compensation lawyers located?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our workers’ compensation team in person, you can see our full list of locations here.
If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.