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Dust Disease Claims

Overview

Understanding dust disease and compensation claims

Dust disease refers to various chronic lung conditions that occur due to harmful exposure to hazardous dust. The most common particles include asbestos, bagasse, cotton, mouldy hay, silica and straw. Exposure to dust from cutting, drilling, grinding and sanding, as well as hard metals, can also cause this sickness.

If you or a family member are suffering from dust disease or a similar condition as a result of inhaling harmful particles, you may be entitled to compensation. With experience handling dust disease claims, contact Gerard Malouf & Partners for a no obligation initial consultation if you are seeking compensation for charges regarding dust disease and other chronic lung diseases that fall under this umbrella.

Dust disease compensation examples

Dust disease occurs mainly in those who work in occupational careers such as manufacturing, installation, sandblasting, tunnelling and mining. Those who consider themselves labourers or tradesmen have likely come in contact with the hazardous dust particles previously mentioned, heightening the exposure risk and increasing the chances of getting dust disease.

Most commonly, claims that we handle cover those who have worked in those occupational careers in the past, but are now retired. That means initial exposure doesn’t necessarily get you sick right away — you can develop dust disease symptoms years after exposure to hazardous dust. The difference is that health and safety regulations have changed tremendously over the last few decades; occupational workers today have better protocols in place to ensure their lungs are protected.

Nevertheless, we still assist younger clients with dust disease claims. Because regardless of workplaces having created safer, more stable environments, dust disease can still occur.

Injuries and symptoms related to Dust Disease

Are you worried about your current state of health? Have you worked in an occupational job in the past and were exposed to dust particles, but you’re not sure if you’re experiencing dust disease? 

Below are some of the common systems related to the condition that can help you get a better idea of whether it’s time to make a dust disease claim with Gerard Malouf & Partners:

  • A sudden and persistent cough
  • Shortness of breath
  • Sudden weight loss
  • Recurring lung infections, such as pneumonia
  • Inability to exercise
 

While you are not required to get a medical evaluation before speaking to us, dust disease is confirmed with a CT scan. If you are experiencing any of the prior symptoms, it’s time to investigate the cause. Contacting us is your next best step to gaining the compensation you deserve.

What makes me eligible and ineligible for dust disease compensation?

According to the Asbestos Diseases Foundation of Australia, those medically diagnosed with  chronic lung disease, such as asbestos disease, may be entitled to compensation. As previously stated, medical evidence that proves you are living with chronic lung disease is a critical step to putting a dust disease compensation plan in motion. If you have proof that your chronic lung disease was caused by exposure to harmful dust particles, you’re in even better shape to get started on your case. Those claiming common law damages to their employer or another third party will also need proof that lung disease was the result of negligence or failure in duty of care.

If you have a chronic lung disease but the medical evidence shows it wasn’t caused by harmful particles, you wouldn’t be qualified to claim compensation through a dust disease claim. The same is true if you do have a condition caused by dust particles but it is not considered a dust disease, such as pleural plaques.

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Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Process

How to make a dust disease claim

Making a dust disease claim may seem like a complex and difficult process, but it doesn’t have to be. We at Gerard Malouf & Partners want to assist you with your compensation claim and help you to get the most out of your dust disease claim.

Seeking legal assistance from trained, experienced professionals should be a top priority on your journey to claiming dust disease compensation. At Gerard Malouf & Partners, we offer a no obligation initial consultation directly with our lawyers to help you understand your claim and potential compensation – just call us.

 After a consultation and assessment with us, we will sign you up as a client and start investigating your case. We will examine your medical records and may speak directly to your doctors. No two dust disease cases are ever the same, but typically, claims take between one year and 18 months to resolve. We understand that these claims are time-sensitive in nature, and we will work hard to advocate for you based on the state of your health.

No matter how long the claim takes to settle, we want you to feel comfortable and confident that your individualised case is in good hands. Our team is fully capable, supportive and compassionate about helping vulnerable people get the assistance they need.

Gerard Malouf & Partners

Why choose Gerard Malouf & Partners?

Gerard Malouf & Partners are a specialised and focused law firm supporting compensation claims in Australia.

We are privately owned and proud of our triple “C” care guarantee, where we show compassion, commitment and competence to all our clients.

We're here to help

Contact us for no-obligation legal advice about your claim.

Free Resources
Our guide to maximising your legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Frequently Asked QuEstions

More information about dust disease claims

Commonly asked questions concerning dust diseases and lung disease claims.

There is a real concern throughout the legal and medical worlds of a third-wave of asbestos disease sufferers from DIY home renovations, unknowingly exposing themselves to the dire harms of asbestos. If you are concerned that you may b sufefering from a dust disease, contact us.

If you or a loved one is suffering from a lung disease caused by inhaling harmful particles, you may be entitled to compensation even if you are a smoker.

Dust disease refers to a number of chronic lung conditions caused by inhaling harmful dust particles, such as: Asbestos, Bagasse (dry pulp from processed sugar cane), cotton, dust from cutting, drilling, grinding or sanding, hard metals (tungsten, cobalt, aluminium and beryllium), mouldy hay, silica & straw. 

One of the most common illnesses linked to asbestos exposure in Australia is mesothelioma, which is a cancer that usually develops either in the lining of the lungs or the stomach. Lung-based diagnoses, known as pleural mesothelioma, are far more common than abdominal – or peritoneum – mesothelioma.

Every person’s circumstances are unique, so it can be difficult to accurately estimate the speed at which your case will be resolved. However, the courts are aware of the need to expedite proceedings because life expectancy for some patients is low.

Experienced dust diseases lawyers understand the importance of proceeding with claims as quickly as possible. For example, Gerard Malouf & Partners ensures a member of our team will discuss your case in detail within just 48 hours of your initial call.

"[We] really appreciate Gerard Malouf's teams kindness and support.

Initially, we sought legal advice from a few lawyers, but we had good faith, reliance, and trust in George after consultation with him.

I am so grateful for GMP's passion, dedication, and professionalism. Again, I appreciate the amazing legal work you did on my behalf."

Our Client
Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our compensation claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Our TeaM

Meet the Dust Disease team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their lung disease compensation claims.

Katie Ferrier
Solicitor
Ray Abbas
Partner

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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