Asbestos Claims QLD
Many Australians are diagnosed each year with asbestos-related diseases such as mesothelioma, asbestosis, and asbestos-related lung cancer. Since symptoms often do not appear until decades after the original exposure occurred, Queensland law recognises several compensation pathways for asbestos-related diseases.
vbr Lawyers is a compensation law firm with a practice area in dust disease claims. The firm handles both statutory WorkCover claims and common law proceedings across Queensland.
On this page, we explain what asbestos is and the diseases linked to asbestos contact. We also outline the compensation frameworks that may apply in Queensland, including relevant legal principles, procedural requirements and applicable time limits.
What Is Asbestos and How Does Exposure Happen?
Asbestos is a naturally occurring fibrous mineral that causes serious disease when its tiny fibres are inhaled. It was once widely used in Australia in building and industrial materials, like roof sheeting, insulation, and piping products.
Here are the important facts about what asbestos is and how exposure happens:
- A Naturally Occurring Mineral Fibre: Asbestos is a natural mineral fibre found in rock formations. Builders extensively used it in Australian homes and workplaces because it resisted heat and wear, long before the health risks became widely understood.
- Widely Used in Australian Buildings: Buildings constructed before 1990 are likely to contain asbestos-containing materials somewhere. Roofing, wall sheeting, floor tiles, and pipe lagging are among the most common places it was used (particularly in homes built between the 1950s and 1980s).
- Banned in Australia since 2003: A complete ban on the manufacture, use, import, and sale of all asbestos products came into effect on 31 December 2003. Despite the ban, a significant amount of asbestos remains in older buildings throughout Queensland and the rest of the country.
- Dangerous When Fibres Become Airborne: When asbestos-containing materials remain intact, they generally pose little risk. Exposure can occur after the material breaks down or suffers damage, which allows fibres to spread through the air and enter the lungs when inhaled.
- Diseases Can Take Decades to Appear: Like many silica dust diseases, asbestos-related injuries often take decades to appear. For example, a person exposed at work in the 1970s may not receive a diagnosis until many years later.
Even now, asbestos remains a consideration in demolition, maintenance, renovation, and asbestos removal work across older properties.
If you would like advice on your own circumstances, speak with our asbestos lawyers. For the wider picture across asbestos and silica related conditions, read our guide to dust disease claims in Queensland.
What Diseases Can Asbestos Exposure Cause?
Asbestos exposure is linked to four main diseases: mesothelioma, asbestosis, lung cancer, and pleural disease. Each condition affects the lungs or surrounding tissue in different ways, although all are associated with long latency periods between inhalation of asbestos fibres and diagnosis.
Let’s get into more detail about these diseases and how they develop.
Mesothelioma
According to the Australian Institute of Health and Welfare, around 700 to 800 Australians are diagnosed with mesothelioma every year. The country also records one of the highest mesothelioma incidence rates in the world. It is an aggressive cancer that forms in the mesothelium, the thin lining surrounding the lungs and, less commonly, the abdominal cavity.
Peritoneal mesothelioma develops when swallowed asbestos fibres travel through the digestive system and settle in the peritoneum. Both forms are almost exclusively linked to asbestos contact (latency periods can still extend across several decades).
Most people diagnosed with this disease worked in trades or industries where exposure to asbestos was common years earlier.
Asbestosis
The way asbestosis develops helps explain why symptoms often appear decades after a person first came into contact with asbestos dust and fibres. It is a chronic, non-cancerous condition where inhaled asbestos fibres cause permanent scarring of lung tissue.
That scarring progressively stiffens the lungs, and in turn, makes it harder to breathe over time. Chest tightness, chest pain, and a persistent dry cough are among the most common signs of this disease.
Since asbestosis typically develops 10 to 40 years after exposure, it is not unusual for someone to have left the industry long before their first symptoms appear. The condition has no cure, though treatment can manage breathing difficulties.
Asbestos-Related Lung Cancer
Asbestos exposure is a recognised cause of lung cancer, and is separate and distinct from mesothelioma. Mesothelioma forms in the lining around the lungs, but asbestos-related lung cancer develops inside the lung tissue itself.
The risk of this illness increases with prolonged or repeated asbestos contact and rises further in people who smoke.
For instance, a construction worker may have spent years handling fibrous cement sheeting on building sites. If that person smoked too, the risk becomes considerably higher than it would with either factor alone.
Also, lung cancer from this kind of exposure is a recognised compensable asbestos-related disease under Queensland law.
Health Context: Lung cancer linked to asbestos can develop even after exposure levels that were once considered routine in older workplaces.
Pleural Disease and Pleural Plaques
Alongside the better-known asbestos diseases, many people in Queensland also develop pleural conditions linked to past contact.
One of the most common examples is pleural plaques, which are hardened collagen deposits that form on the lining of the lungs. They do not cause symptoms on their own, but they act as a confirmed marker of significant asbestos exposure.
Another recognised condition is asbestos-related pleural disease. Over time, it can thicken the lining around the lungs and reduce breathing capacity.
Both pleural disease and pleural plaques may become relevant in asbestos compensation claims.
Categories Recognised Under Queensland Compensation Frameworks
Queensland compensation frameworks recognise different categories of asbestos-related disease depending on the source of exposure, diagnosis, medical evidence and applicable legal framework.
The following sections outline how these categories are recognised under Queensland compensation frameworks.
Workers and Former Employees
Workers and former employees may fall within statutory compensation frameworks where workplace exposure contributed to the diagnosed condition. They can lodge a WorkCover Queensland claim even if the asbestos contact occurred many years ago.
As mentioned earlier, asbestos diseases take 10 to 40 years to develop, so it is entirely common for someone to receive a diagnosis long after leaving a job.
Former employers do not need to remain in business for a claim to proceed because of this delay. WorkCover Queensland can accept a workers’ compensation claim even where the original company closed years ago (the age of the exposure does not automatically prevent a claim).
The main requirement here is that workplace exposure was a significant contributing factor to the diagnosed condition.
Family Members and Dependants
Compensation claims are not limited to the person diagnosed. Queensland law also recognises certain circumstances involving family members and financial dependants.
For example, dependants of a worker who died from an asbestos-related disease can lodge a claim with WorkCover Queensland. These claims may cover funeral expenses and loss of financial support for surviving family members.
A six-month strict time limit generally applies to family member claims. The period runs from the date of the worker’s diagnosis, or date of death, where relevant.
People Exposed Outside of Work
Workplace exposure is the most common basis for a claim, but it is not the only one. Exposure occurring outside traditional employment settings may also be relevant under certain legal frameworks.
For instance, a person may have disturbed asbestos sheeting during home renovations over many years. Family members can also fall within recognised exposure categories after handling contaminated work clothes.
In these situations, a person may have grounds to bring a common law claim through the Queensland courts. These claims can arise where a negligent party contributed to the non-occupational exposure, including manufacturers and suppliers of asbestos-containing products.
Claim Consideration: Some asbestos claims involve exposure linked to several locations, properties, or renovation projects across different decades.
Speak With Our Asbestos Claims Team
If you or a family member has been diagnosed with an asbestos related disease, you can talk through your situation and the options that may be available to you.
Queensland Compensation Frameworks for Asbestos-Related Disease
Queensland recognises two main asbestos claim types: statutory WorkCover claims and common law claims. Each serves a different purpose and comes with different eligibility requirements.
The applicable framework depends on how and where the asbestos contact occurred, together with the relevant legal requirements.
Below is a comparison of the main differences between the two claim types:
Statutory WorkCover Claim | Common Law Claim | |
Application | Workers whose QLD workplace exposure was a significant contributing factor to their diagnosis | Workers or others pursuing claims against employers, manufacturers, or asbestos product suppliers |
Legal Requirements | Asbestos exposure at work was a “significant contributing factor” to the diagnosed condition | Negligence by an employer, manufacturer, or supplier must be established |
Categories of Loss Recognised | Lump sum, medical expenses, lost wages, and funeral costs for dependants | Pain and suffering, past and future lost income, medical costs, care costs, lost services |
Time Limit | 6 months from the date of diagnosis; extensions at WorkCover’s discretion | No time limit for claims against manufacturers/suppliers; 3 years for WorkCover negligence claims |
Decided By | WorkCover Queensland | Queensland courts |
Statutory claims do not require a person to prove fault. Instead, the asbestos exposure must have significantly contributed to the diagnosis.
Meanwhile, common law claims involve assessment of different categories of loss, which may include income, treatment, care, and other legally recognised losses.
The applicable legal framework depends on the facts of the exposure, diagnosis and evidence.
WorkCover Queensland Process for Asbestos-Related Disease Claims
A WorkCover asbestos claim in QLD follows a structured process with several stages. The claim begins with a lodged formal document and may later involve medical assessment, liability decisions, and a lump sum offer.
The following overview explains the main stages of a claim.
Diagnosis and Claim Notification
The first step in any dust disease or asbestos compensation claim is obtaining a confirmed medical diagnosis. A general practitioner (GP) or specialist must formally confirm your condition before you can lodge a WorkCover application.
Medical records, imaging results, and specialist reports all form part of the supporting documentation.
Once a doctor confirms the diagnosis, the person must lodge a claim with WorkCover Queensland within 6 months. They must also provide an employment history that should show where and when the asbestos contact occurred (trade records sometimes assist investigations).
WorkCover Reviews Your Work History
WorkCover Queensland investigates the claim by reviewing the worker’s full employment and exposure history after lodgement. They assess the employment records to confirm that asbestos exposure occurred and that it happened during Queensland-based work.
The insurer then determines whether that workplace exposure was a significant contributing factor to the diagnosed condition.
This industrial history review is a standard part of the claims process. It can involve contacting former employers, reviewing industry records, and, in some cases, gathering statements from former colleagues.
Worth Noting: Older payslips, tax records, apprenticeship documents, and union memberships can sometimes help confirm historical employment details.
The Assessment and Lump Sum Offer
The permanent impairment assessment determines the lump sum compensation amount a claimant receives.
Queensland’s workers’ compensation scheme arranges for an independent medical practitioner to evaluate the impact of the condition. That assessment is expressed as a percentage, which is then used to calculate the lump sum offer.
In asbestos claims, medical practitioners may consider lung function impairment and the nature of the diagnosis when determining the level of permanent impairment. The QLD legislation also provides a higher statutory payment for terminal latent-onset diseases.
Notice of Assessment and Statutory Outcomes
WorkCover issues a Notice of Assessment outlining the lump sum compensation offer. You then have twenty business days to accept, reject, or defer the offer (the applicable timeframe should be checked against the relevant notice and legislation).
Once a worker accepts the lump sum, their statutory benefits claim finalises on a full and final basis. Workers assessed below 20% DPI generally lose the right to pursue a common law claim after acceptance.
However, an assessment of 20% DPI or higher usually allows a worker to accept the lump sum while continuing with a common-law damages claim.
Common Law Proceedings Relating to Asbestos Exposure
A common law asbestos claim in QLD requires proving negligence and is pursued through the Queensland court system.
It is a separate legal framework from the statutory workers’ compensation system and involves different legal requirements. The process involves building an evidence case, establishing fault, and negotiating a resolution.
Let’s take a look at how each stage of a common law claim works in practice.
Establishing Negligence
A claimant must show that an employer, manufacturer, or supplier failed in their duty of care to succeed in a common law claim.
Negligence in this context involves a failure to take reasonable steps to prevent asbestos contact. This issue may arise where the responsible party knew, or should have known, that asbestos exposure created a health risk.
Even where this occurred many years ago, a claim may still proceed if the original manufacturer no longer operates. Some asbestos product manufacturers, including James Hardie, established compensation arrangements to respond to future claims.
Categories of Damages Recognised Under Queensland Law
Common law claims can provide compensation across a broader range of loss categories than statutory claims. It may include physical and psychological effects of the condition, along with future care costs (each category of loss is assessed separately).
Depending on the circumstances, a claimant may recover lost income and future medical expenses connected to the asbestos-related disease.
Queensland law may recognise the loss of unpaid care or assistance as a separate category of damage. A claim for this type of loss can apply where a person’s asbestos condition affects their ability to support family members or dependants in the way they previously did.
Resolution and Court Processes
Your claim then moves into the settlement and proceedings phase after negligence is established and the different categories of damage are assessed.
Resolution of proceedings may occur before or after court proceedings are commenced, depending on the circumstances of the matter. Pre-trial negotiations between the parties are a standard part of the legal process.
But if the people involved in the claim cannot reach a settlement, court proceedings may be commenced where a claim does not resolve through negotiation. Even at that stage, many asbestos claims still resolve before a final hearing occurs.
Procedural Insight: Settlement outcomes can vary depending on medical evidence, exposure history, and the categories of damage involved.
What Is the National Asbestos Exposure Register?
The National Asbestos Exposure Register (NAER) is a free, voluntary register where anyone exposed to asbestos can record the details of that exposure. The Australian Government created it because asbestos diseases often appear decades after the original exposure, which can make proof of exposure more difficult.
Here is how the register works:
- What the Register Records: The NAER stores details about when, where, and how asbestos exposure occurred. Entries include the date and location of the exposure. They also record the type of work or activity involved, plus any other relevant circumstances connected to the event.
- Who Can Register: Registration is open to anyone in Australia who believes they may have come into contact with asbestos through work, home renovation, environmental sources, or second-hand contact. There is no requirement to have a diagnosis or to be currently unwell.
- How to Submit an Entry: You can register online through the Asbestos and Silica Safety and Eradication Agency website. The process only takes a short amount of time, and you can access your entry later if needed.
- Relevance of Historical Exposure Records: Since asbestos-related diseases usually develop 10 to 40 years after exposure, people and support organisations often rely on earlier records. Those records may later be relevant to the assessment of asbestos-related issues.
This type of documentation can become increasingly important as exposure histories age and become difficult to reconstruct.
Asbestos Disease and Compensation in QLD
Asbestos-related diseases can create complex legal and practical issues long after the original asbestos contact occurred. In Queensland, different claim types apply depending on how the exposure happened, the diagnosis involved, and the type of compensation being sought.
Queensland’s compensation framework includes both statutory and common law mechanisms. Medical evidence, exposure history, procedural requirements and applicable time limits may all be relevant when asbestos-related disease issues are assessed under Queensland law.
vbr Lawyers practises in asbestos-related disease claims in Queensland. For information about the firm’s services, contact the Brisbane office.