Asbestos Disease Claims

If you have been diagnosed with any form of asbestos disease or dust related condition, you are highly likely to be entitled to receive compensation.

We have significant expertise in recovering compensation for our client with any and all of the following conditions:-

  • Malignant mesothelioma
  • Asbestos Related Lung Cancer
  • Asbestos Related Kidney Cancer
  • Asbestos Related Oesophageal Cancer
  • Asbestosis
  • Silicosis
  • Asbestos Related Pleural Disease
  • Asbestos Related Pleural Plaques causing chest pain and/or shortness of breath
  • Progressive Massive Fibrosis (PMF)
  • Coal Miners Black Lung, COPD and Emphysema
  • Occupational Ashtma (welding fumes, wood dust, chlorine, wool, various forms of chemical exposure, paint)

 

If you have been exposed to asbestos during the course of your employment in Queensland you will usually have three compensation options:-

  • Statutory claim with WorkCover Queensland
  • Common law claim against your former employer
  • Common law claim against the manufacturer of the asbestos products

 

Which compensation option is best for you will depends on many things including which asbestos disease you have been diagnosed with, how long you have been living with the disease, your life expectancy, your age, availability of witnesses to confirm your exposure. We are able to assist in advising you which option will best suit your situation.

Valuable or significant compensation or damages is also available for family members who have been diagnosed with an asbestos disease if they were responsible for shaking out or washing the clothes of their partner or assisting in home renovations. Similarly, dependants of asbestos sufferers who have not make a claim in their lifetime can also make a claim for compensation but strict time limits do apply.

Our long experience in representing claims for clients with these serious conditions means that we have the knowledge, expertise and understand that time is absolutely of the essence and in your time of need, you will find us to be both sensitive and caring professionals absolutely dedicated to achieving the best outcome for you and at a very reasonable cost.

  • No Win – No Fee
  • Senior Lawyer acting for you from start to finish
  • Very competitive hourly rates
  • 30% cap on professional fees
  • Pay Less Get More policy

Frequently Asked Questions

Most likely, yes. If you have been diagnosed with an asbestos related disease such as asbestosis or mesothelioma or asbestos related lung cancer, there is a very good prospect that you will have a valuable claim for compensation.

Yes. If you were exposed to asbestos during your working life and you have been diagnosed today, you have 6 months to lodge a claim with WorkCover Queensland. WorkCover will reject your claim if it is not lodged within six months from when you are diagnosed. If you are uncertain about your rights or the date of diagnosis, we are happy to assist. If your asbestos exposure was not work related then no time limits apply whatsoever.

If your claim is with WorkCover Queensland, we have been able to get claims accepted within weeks. Our record in one matter was for a claim to be accepted and paid within 1 week. But most claims with WorkCover Queensland take 4 to 12 weeks to complete. If your exposure was not at work, court proceedings are required and we find most of these claims are able to be resolved within 3 to 9 months. For any claims that require court proceedings, our clients generally recover a contribution to costs from the Defendant in addition to the compensation payment. Because our fees are so low, this contribution can be as much as 50% to 70% of the legal costs we charge, leaving you to pay only a relatively small sum from your compensation amount. This is a much higher rate of legal costs recovery than the majority of our higher-charging competitors such as Shine Lawyers, Maurice Blackburn Lawyers and Slater & Gordon Lawyers.

The value of the claim depends on a few factors including your age and whether you have any dependants, however, we find most claims with WorkCover are worth between $420,000.00 to $720,000.00 clear of legal costs. If your exposure to asbestos was not in Queensland employment, and court proceedings are required against James Hardie or one of the other asbestos manufacturers or suppliers, claim values for mesothelioma vary but we often find they will attract a settlement outcome of anywhere from $400,000.00 to $5,000,000.00. Claims at the higher end of this range will usually involve a younger mesothelioma sufferer with a substantial claim for loss of wages or loss of income. We focus our advice on your likely net or ‘in hand’ figure. In discussing any proposed resolution of your claim, you will always know exactly how much you will receive from any given settlement amount after any payments have been taken care of. We are focused on providing industry leading client care, service and affordable legal fees.

The value of your claim will depend on the severity of your asbestosis condition and whether it is progressing slowly or rapidly. If your exposure was to asbestos was at work and we lodge a claim with WorkCover for you, it can take as little as a few weeks or a few months to prepare and finalise. In our experience, most claims with WorkCover for asbestosis result in a lump sum payment of anywhere between $60,000.00 to $700,000.00 clear of legal costs. If your exposure was not at work, a court claim will be required. In our experience, most court claims for asbestosis can be run and resolved within 3 to 9 months. The value of the claim depends on the age of the asbestos sufferer, the level of disability caused by the asbestosis, the medical and care needs caused by the asbestosis and if there is any claim for loss of wages or income. In our experience, most court claims for asbestosis settle anywhere between $70,000.00 to $500,000.00 clear of legal costs.

Yes. If you have been exposed to asbestos at work at any time in Queensland we can secure compensation for you through WorkCover even if that exposure occurred decades ago, and even if your former employer no longer exists.

Yes. For a claim with WorkCover, time limits do apply as discussed earlier in this FAQ section. 6 months from the date of death is the time limit, or three years in the case of court proceedings.

Yes. The impact on your health and wellbeing due to your asbestos disease can be isolated from your other medical conditions by expert medical specialists. Even if other medical conditions are present, the effects of asbestos disease can be identified and compensated.

Yes. We have regularly assisted our clients over many years who have been exposed to asbestos in other states and territories in Australia, and even overseas. Valuable compensation entitlements are available for asbestos victims in all Australian states and territories and most countries overseas.

For all claims with WorkCover Queensland, we offer our services on a ‘No Win – No Fee’ basis and we also charge on a fixed fee basis to give you absolute certainty and peace of mind regarding legal costs. By industry standards and from our intimate knowledge of what other firms charge for this work, we are confident that you will be happy with our commitment to client care, service and our approach to legal costs. We will explain the likely legal fees upfront and from day one. We provide industry leading transparency regarding our fee structure and fee policy.

In our experience, the likely lump sum fee for a WorkCover claim for mesothelioma will be $20,000.00 inclusive of GST and disbursements. We know that this compares very favourably with the legal fees charged by our competitors. We have seen examples of our competitors charging as much or more than $50,000.00 in these cases for the same result. No matter what happens or at what stage your case settles, the professional costs will not under any circumstances exceed 30% of the value of the claim.

Example

If your case settles for $100,000.00 clear of any and all statutory refunds and legal disbursements/expenses, we will not charge more than $30,000.00 for professional costs. Even if we had incurred say $50,000.00 worth of professional costs to achieve the settlement and to win the case, your bill for our professional costs will not exceed $30,000.00. Using the same example, if we incurred only $15,000.00 worth of professional costs to achieve the settlement, you would of course be charged $15,000.00, not $30,000.00. Compare vbr Lawyers to the bigger personal injury law firms and how they charge:- When compared to other firms such as Shine Lawyers, Maurice Blackburn Lawyers and Slater and

Gordon Lawyers, you will find that if you retain John or Greg from vbr Lawyers:-

(a) Your legal bill will be lower or a lot lower and by at least 20% to 35%;

(b) Your case will be handled by a Senior Lawyer from start to finish;

(c) Unlike the large firms with big overheads and TV campaigns, your case will not be delegated or handed to a secretary, law clerk, paralegal or junior lawyer. Your case will be handled by a very experienced and senior lawyer at all times.

Yes. We offer our services to our clients on a “No Win – No Fee” basis.

At vbr Lawyers, our No Win – No fee policy is this:-

(a) You will only ever pay legal fees for the work we do at the end of your claim and if and only if you win;

(b) We will fund and run the case for you and the legal costs will come out of your settlement monies which are paid by the insurer;

(c) In the very, very unlikely event that your claim goes to court and in the even more unlikely event that a trial is required and you lose, you would still pay us nothing but you are likely to be ordered by the court to pay the other side’s legal costs.