Retired handyman settles Dust Diseases Compensation Claim for over $425,000

Published 07 Nov 2014

In this dust diseases compensation matter we acted for a 63 year old man who contracted mesothelioma working in a production line.

As usual, we carried out our independent forensic investigations with respect to the issues of liability (obtained statement from client and identified the company who employed our client in the past) as well as requesting medical records from our client's family doctors.

After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in DDT of New South Wales. The instructions received from our client showed the case to be of a technical nature. Accordingly we briefed a barrister who had experience in arguing matters of similar nature.

The Defendant did not admit its liability and argued that no asbestos was used in their production line.  They served on our client the statements of two former workers who worked at the factory at the same time.

We also arranged for our client to undergo a clinical examination with a respiratory specialist and a pathologist and sought their view on what the future held for our client with respect to his injury. The medical evidence obtained both by our experts as well as the treating doctors all assisted in strengthening our client's case.

The Defendant requested to have our client examined by one of their doctors who provided a medical report. The opinion contained in the report produced by the Defendant's medical expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.

Prior to having the matter heard by a Judge of the DDT, we arranged mediation with the defendant's solicitor in a final attempt to resolve the claim without the need to incur the cost of a hearing.

At Mediation we were able to persuade the Defendant's solicitors that our client's position was both genuine and realistic. We then secured a settlement for over $425,000.00.

Our client was happy to have received a fair dust diseases compensation payout without having to go through the difficulties posed by a hearing.