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Mesothelioma Sufferer Gets $460K Compensation Due to Workplace Negligence

  • Katie Ferrier
Case Overview
  • Our client’s only exposure to asbestos dust and fibre was a job as a labourer once he finished school for a couple of years.
  • He was diagnosed with mesothelioma due to the failure to provide a safe place of work and safe system of work.
  • GMP was able to able to secure $460,000 in damages for the family.

The diagnosis of mesothelioma for a loved one is a particularly testing time for families of hard-working individuals who may have been exposed to asbestos dust and fibre decades previously. In this instance, our client’s only exposure was a job as a labourer once he finished school for a couple of years, before completely changing his career path and going on to become an influential teacher throughout some of Western Sydney’s Public and High Schools.

Our client and his wife contacted the team at Gerard Malouf & Partners to investigate a claim relating to the failure to provide a safe place of work and safe system of work that would have prevented our client’s exposure to asbestos in the course of his employment, and subsequently preventing him from developing mesothelioma.

“The team obtained a number of reports from various experts in support of our client’s claim to properly quantify his damages for both his deteriorating lung condition but also his requirements for care and the psychological impact his declining heath was having upon him. ”


Katie Ferrier
Our Approach

The team commenced proceedings against the previous employer and the occupier of the premises in which our client worked, seeking compensation for his injuries, sustained as a result of the negligent working conditions he was exposed to back in the early 1960s. 

Our client’s deteriorating health required the team to expedite proceedings and ensure that our client’s evidence was taken during his lifetime as well as attending to settlement negotiations to provide him and his family the security needed in a turbulent time.

Although this monetary sum cannot restore our client to his previous health or truly compensate the family for his loss, it represents the previous employer’s and occupiers’ concession of wrongdoing in exposing him to asbestos dust and fibre. Furthermore, our client was able to focus on time with his family knowing there was financial security for his wife and children. We are deeply saddened to note our client passed within a couple of weeks of receipt of his settlement monies.

Gerard Malouf & Partners understand that a family circumstance may change due to the negligence of workplaces or other circumstances where you have been exposed to asbestos dust and fibres decades previously. Our lawyers are committed to fighting and achieving the best possible outcome for their clients. If you have an enquiry in relation to a potential dust disease claim, please call us on 1800 004 878.

The Result

The team were able to secure $460,000 in damages for the family.

Katie Ferrier

Solicitor
What you do makes a difference, and you have to decide what kind of difference you want to make – Jane Goodall
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Frequently Asked Questions

More Information

Dust disease can be used to describe multiple long-term illnesses, each caused by inhaling microscopic dust particles. The accumulation of these particles can cause scar lung tissue, which results in the formation of nodules that may restrict breathing.

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To understand if you’re eligible for a dust disease claim you will first need to be diagnosed with a chronic lung condition. You may experience shortness of breath, coughing and irritation of your eyes, nose and throat that can all be symptoms of a dust disease.

Unfortunately, the longer you breathe in the dust, the greater chance it will severely affect your health. Additionally, those with existing respiratory and heart conditions, like asthma or high blood pressure, and smokers have an even greater risk of developing severe dust disease, according to the Department of Health of Western Australia.

If you believe you have been exposed to harmful dust, especially while at work, and develop these symptoms, it’s crucial to contact your doctor for further testing. If you feel existing conditions – like a cough caused by smoking – has gotten worse and is accompanied by additional symptoms, a medical professional can determine if you have dust disease or are experiencing a side effect of smoking.

Yes. You can still make a dust disease claim if you smoke, and it in no way precludes you from claiming compensation for said ailment.

Smoking, especially frequently, causes lasting damage to your lungs, but a doctor will ultimately be able to find the root cause of your chronic lung disease or cancer. Along with a medical investigation, doctor’s will take into consideration the field you work in to determine if you were exposed to harmful dust and at what level the exposure occurred.

Smokers have successfully filed for a claim and received compensation for chronic lung disease caused by inhaling harmful dust particles.

If you or a loved one is suffering from a lung disease caused by inhaling harmful particles, you may be entitled to compensation. Contact the legal experts at Gerard Malouf & Partners to learn more about your rights to a claim.

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