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What Am I Entitled To Claim When Diagnosed With Dust Disease?

Have you been diagnosed with a dust-related condition due to exposure at work? There are two forms of compensation or damages available to you once you have been diagnosed with Dust Disease. Firstly, weekly compensation and assistance provided to you through iCare which can include paid domestic assistance. Secondly, there is an entitlement to damages, and in this claim, you are entitled to the following (depending on your circumstances):

  • Non-economic loss/General Damages/Pain & Suffering
  • Past Treatment Expenses
  • Future Treatment Expenses
  • Past Economic Loss (wage loss)
  • Future Economic Loss
  • Past and Future Loss of Superannuation
  • Past Domestic Assistance
  • Future Domestic Assistance
  • Damages for Loss of Life Expectancy
  • Aggravated Damages (in certain circumstances)
  • Interest on Past Damage and General Damage

These cases can be valuable to you and your family, noting the disabling nature of dust disease illnesses. Your family may still be able to claim some of the above heads of compensation even following your death – this includes damages for pain and suffering, as long as proceedings are filed prior to the death of the injured person.

Damages for dust diseases are measured differently to other damages claims like motor accidents, slip and falls or medical negligence – Dust Disease claims are governed by different legislation and do not have the same caps placed on the maximum amount recoverable for pain and suffering.

Further, if you receive lump-sum damages for asbestosis for example, if your condition worsens to mesothelioma, you may be entitled to bring a further claim for additional damages. Recovering damages for one form of dust condition does not preclude you from making claims in the future if you develop a further condition.

If you are critically ill due to dust disease, contact Gerard Malouf & Partners today, so we can act expediently on your behalf, and obtain the necessary evidence to protect your rights to compensation. By obtaining information relevant to your exposure, employment, and health from our initial conference, we can start the process to ensure you are receiving the compensation you deserve under the circumstances.

If you are unsure whether or not you have a compensation claim or a recognised condition, please contact us on our toll-free number 1800 004 878 for advice or a no-obligation consultation.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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