Are you entitled to asbestos disease compensation? Here’s what you need to know

Asbestos exposure, or dust disease, has become a household name to avoid. While you may have heard the word before, few know exactly what it is and how it’s used. 

Asbestos is a natural fibrous material that is resistant to electricity, chemicals and heat. These properties made it seem ideal for use as a building material and in other applications. It was typically found in many building sites and cars, as well as used to create a variety of products, ranging from drains and roofs to brakes and gaskets.

However, the danger of asbestos is breathing in the chemicals it releases over long periods. A total ban on the use of asbestos was completed on 31 December 2003, meaning it is illegal to use it or import it from another country. Further, workers cannot handle asbestos until they have been trained to do so and hold a licence proving their qualifications. 

In this blog, we will go over the health risks of asbestos and mesothelioma exposure, qualifying for compensation if you’re exposed and the claim process associated with it. 

The health risks of asbestos exposure

Asbestos disease is a chronic lung disease that can develop over time through long periods of exposure. Not everyone who is exposed to asbestos will develop health issues. In order to contract the disease, there needs to be a lot of asbestos in the air and exposed for long periods of time. If the person also uses tobacco or already has lung conditions, this can amplify the risk.

Asbestos fibres tear the lung tissues and cause shortness of breath. The severity of the disease isn’t the same for everyone and the symptoms usually don’t appear until long after the person has been exposed — 20 to 30 years after subjection, according to Safe Work Australia. 

There are three types of asbestos-related diseases, known as mesothelioma, asbestosis and pleural disease:

• Mesothelioma is a type of cancer that lines the lungs, stomach, heart and other organs. It forms through exposure of asbestos fibres. Symptoms include shortness of breath and chest pain. The life expectancy of the patient is only a few months depending on what stage the cancer is in. 
• Asbestosis occurs when there is scarring in the lungs from the asbestos fibres, which prevents oxygen and carbon dioxide from passing in and out of the lung easily. This disease is most prevalent in people who have had long and high periods of exposure.
• Pleural disease is a non-cancerous lung condition that changes the membrane around the lungs and chest cavity. The membrane becomes thicker in these or isolated areas around the chest and, resulting in less efficient lung function. 

Because of these diseases, there is a heightened risk for developing lung cancer and mesothelioma. Effects may appear in several other areas of the body, including:

• Larynx
• Ovary
• Pharynx
• Stomach
• Colorectum

Step 1: Proof of disease

Step 2: Asbestos exposure proof

You and your lawyer will explore the proof that the manufacturer’s use of asbestos and your exposure to it are linked — making the manufacturing company at fault. While this may be difficult to do because of the late onset of symptoms, a lawyer will have the knowledge to help you trace back to the time of exposure. 

This claim can be civil or statutory. A civil claim will occur if the company exposing you to asbestos was your employer, while a statutory claim could result from other avenues of exposure, such as a home demolition nearby where you live.  

Step 3: Statute of limitation

If you or a loved one may have been exposed to asbestos, you can contact us for no-obligation legal advice about your claim. Understanding the process ahead of time can help you make the best decision.