Industrial Painter gets significant compensation for Asbestosis

Published 28 Sep 2015

In this matter we acted for a  78 year old man who was exposed to asbestos dust and fibre during his work in the 1960s at various refineries in Sydney and suffered injuries to his/her asbestosis and asbestos related pleural disease.

As usual, we carried out our independent forensic investigations with respect to the issues of his employment as it occurred over 50 years ago 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 Five Defendants we sued, did not admit their liability and argued that at the time the risk of injury for reasonably foreseeable.

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

The Defendants requested to have our client examined by their doctors who provided unsupportive medical reports. The opinion contained in the reports produced by the Defendants' medical experts conflicted with the findings of our medical expert with respect to 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 Dust Diseases Tribunal, we attended a compulsory mediation with the Defendants’ solicitors in a final attempt to resolve the claim without the need to incur the cost of a hearing.

At conference we were able to persuade the Defendants solicitors that our client's position was both genuine and realistic. We then secured a settlement for over $100,000.00.

Our client was happy with our help in securing him a fair compensation without having to go through the difficulties posed by a hearing.