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Dust disease lawyers

Dust disease claims:
Your rights, our fight

When you or a loved one is diagnosed with a dust-related disease, the impact on your life can be devastating. At GMP Law, we understand that you’re facing not just physical challenges, but emotional and financial ones too.

Our experienced team is here to guide you through the compensation process with the care and understanding you deserve.

Why Choose Gerard Malouf & Partners

35
Years Experience
98 %
Success Rate
35000
Claims Won

Understanding dust disease claims

Dust diseases are serious chronic lung conditions caused by prolonged exposure to harmful dust particles. Common substances that can trigger dust diseases include:

  • Asbestos
  • Crystalline silica
  • Coal dust
  • Cotton dust
  • Bagasse
  • Mouldy hay and straw
  • Metal dusts
  • Berylium
  • Wood dust.

These diseases primarily affect workers in industries such as:

  • Shipbuilding
  • Manufacturing
  • Installation
  • Sandblasting
  • Tunnelling
  • Mining
  • Construction and trades.

It’s important to understand that symptoms may not appear immediately after exposure. Many individuals develop dust-related diseases years, or even decades, after their initial contact with harmful materials, often experiencing them in their retirement years.

While workplace safety standards have improved over time, new cases continue to emerge, including among younger adults exposed to hazardous substances.

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Dust disease exposure

In Australia, exposure to dust, particularly asbestos, has occurred in three distinct waves:

First wave: Traditional workplace exposure (1930s to 1980s)
During this period, workers in heavy industries such as shipbuilding, manufacturing, and construction were directly exposed to asbestos and other harmful materials. Safety regulations were minimal, resulting in high-intensity exposure.

Second wave: Secondary exposure (1960s to 1990s)
This wave saw family members and others exposed to dust particles, particularly asbestos, through contact with workers’ contaminated clothing. Spouses, who often washed work clothes, and children, who came into close contact with their parents’ work gear, were disproportionately affected. Additionally, individuals living near industrial facilities were also at risk of secondary exposure.

Third wave: DIY and modern exposure (1990s to Present)
The rise in home renovation projects led to new exposures, as DIY enthusiasts and renovators unwittingly disturbed asbestos in older homes. Asbestos-containing materials were commonly used in residential buildings, and without proper safety measures, many home renovators and tradespeople have been exposed during renovations.

Understanding these exposure waves is critical when pursuing dust disease claims, as it can help to identify when and how harmful exposure occurred. This is often key to securing compensation for those affected.

Learn more: The third wave of asbestos litigation: Emerging risks from DIY projects

Eligibility for dust disease compensation

You may be eligible for dust disease compensation if:

  1. You have been medically diagnosed with a chronic lung or dust-related disease
  2. There is clear medical evidence confirming your condition
  3. Your condition can be linked to exposure to harmful dust particles.
 

Compensable dust diseases include:

1. Asbestos-related diseases

  • Mesothelioma
  • Asbestosis
  • Asbestos-related pleural disease
  • Asbestos-related lung cancer

2. Silica-related diseases

  • Silicosis (acute, accelerated, and chronic forms)
  • Progressive massive fibrosis
  • Silica-associated lung cancer
  • Scleroderma with silica exposure

3. Other occupational dust diseases

  • Coal workers’ pneumoconiosis (black lung disease)
  • Hypersensitivity pneumonitis (farmers’ lung)
  • Byssinosis (brown lung disease from cotton dust)
  • Berylliosis
  • Hard metal lung disease
  • Siderosis (welder’s lung).

Common scenarios where people may be eligible include:

  • Workplace exposure during construction or renovation work
  • Mining or quarry work
  • Manufacturing involving hazardous materials
  • DIY home renovations involving asbestos
  • Secondary exposure through contact with someone who worked with harmful materials.

Even if you’re uncertain about claiming, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors can influence your compensation:

1. The severity of the condition

  • Type of dust disease diagnosed
  • Impact on your quality of life
  • Life expectancy implications

2. Economic impact

  • Lost income and future earning capacity
  • Medical expenses
  • Care and support needs

3. Exposure circumstances

  • Duration and intensity of exposure
  • Whether proper safety measures were in place
  • Number of potential defendants

4. Age and life circumstances

  • Your age at diagnosis
  • Family dependencies
  • Current employment status.

At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

Learn more: How Much Compensation for Mesothelioma Could I Win?

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.

Frequently asked questions about dust disease claims

While every case is unique, we understand the urgency, especially for those with serious diagnoses. Cases typically resolve within a few months to 18 months. However, for clients with terminal conditions like mesothelioma, we can fast-track claims through expedited processes. Courts recognise the urgency of these cases and provide special provisions to hear evidence quickly.

It’s important to initiate your claim while you are able to provide evidence, but if you pass away during the claims process, your family can continue pursuing the claim on your behalf. We strongly encourage starting the process as soon as possible after diagnosis to ensure your evidence is properly documented and your family’s interests are protected.

Once your claim is lodged, you can also choose to have your family complete the process after your death if you prefer to focus on spending your final months with them. This way, your loved ones can ensure the claim is completed without additional stress or burden on you.

Yes. Due to the long latency period of dust diseases, many claims relate to exposure that occurred decades ago. There are special provisions in the law that recognise this characteristic of dust diseases, and time limitations generally don’t apply in the same way as other personal injury claims.

GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of making a dust disease claim.

Compensation may cover:

  • Pain and suffering
  • Past and future medical expenses
  • Lost income and superannuation
  • Care costs
  • Home modification expenses
  • Equipment and mobility aids.

Yes. Even if you were self-employed or working as a contractor, you may still be eligible for compensation. Claims can be made against manufacturers or products containing harmful dust, occupiers of premises where exposure occurred, or other entities responsible for your exposure.

Being a smoker doesn’t disqualify you from making a claim. While smoking can complicate some aspects of the claim, you may still be entitled to compensation if your condition is linked to dust exposure. Each case is assessed on its individual circumstances.

Justice for victims of dust diseas

At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for harm sustained from harmful dust exposure.

Background


Our client, a former labourer who later became a teacher in Western Sydney schools, was diagnosed with mesothelioma. His only known exposure to asbestos occurred during a short period of employment as a labourer, shortly after finishing school.

The challenge


The client’s deteriorating health required urgent action to secure his evidence and negotiate a settlement that would provide financial security for his family.

GMP Law’s approach


  1. Quickly commenced proceedings against the former employer and premises occupier

  2. Expedited the collection of evidence due to the client’s declining health

  3. Conducted efficient settlement negotiations

  4. Focused on securing timely compensation while allowing our client to focus on his family.

Outcome


We successfully secured $460,000 in damages for the family, providing financial security before the client’s passing just weeks after settlement.

Real cases, real results

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:
Initial consultation
We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.
Evidence gathering
Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.
Claim submission
We’ll handle all the paperwork and file your claim with the relevant insurance company or court.
Negotiation
We’ll handle all the paperwork and file your claim with the relevant insurance company or court.
Court representation
If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.
Ongoing support
We’re here to address any questions or concerns that arise along the way.

Our promise to you

Why trust GMP Law with your dust disease claim?

At GMP Law, we handle your claim so you can concentrate on what matters most.

We commit to

Clear, straightforward communication

Regular updates on your case as it progresses

A personal injury lawyer who understands your unique situation

Vigorous negotiation to maximise your compensation

Empathetic support throughout your journey

Specialised knowledge

Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.

Proven track record
We’ve successfully secured substantial compensation for numerous clients with a high success rate.
Difficult case policy
Our experienced team of senior lawyers and management closely oversees challenging cases to ensure optimal outcomes for our clients seeking accident injury compensation.
Australia-wide assistance

With lawyers across the country, we’re here to help, wherever you are.

Meet the dust disease team

Meet some of the diverse and dynamic dust disease lawyers who support our clients with their mesothelioma and asbestosis claims.

We're here to help maximise your compensation

Book your free, confidential consultation with one of our dust disease lawyers using the form below, or simply call us 1800 004 878.

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About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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