Insights

The latest industry insights into compensation law.

Asbestos Disease – Claims With Workcover Queensland – Time Limits Strictly Enforced

If you have been diagnosed with any form of asbestos disease and some or all of your exposure was during the course of your employment as a worker for wages in Queensland, you are entitled to receive compensation from WorkCover. Time Limits Strictly Enforced. What you will receive in terms of compensation will entirely depend on the nature and severity of your asbestos related disease. If you have been diagnosed with asbestosis or malignant mesothelioma and your claim with WorkCover is accepted, you will be entitled to receive a substantial lump sum payment from WorkCover which can range from as low as $50,000.00 to as much as $700,000.00. There is a six month time limit to lodge your claim from when you were first diagnosed with an asbestos related disease by a doctor. Many doctors are unaware of the six month time limit and in fairness to the doctors, it is not their role to provide legal advice regarding time limits. Over the years, we have seen WorkCover reject or attempt to reject many claims because they have been lodged outside the six month time limit. If you have been diagnosed with any form of asbestos disease and some or part of all of your exposure was while you were working in Queensland, please note that the you must lodge your workers’ compensation claim with WorkCover within six months from when you were first diagnosed by your doctor and this includes your treating GP. Our advice to our clients is to immediately seek legal advice regarding your situation so that your rights are protected. We can assist with lodging the claim with WorkCover on your behalf and we can attend to this for you within 24 hours. Even in cases where the six month time limit has passed, it is possible to still validly enforce the claim by providing WorkCover with a reasonable excuse for lodging the claim outside the six month time limit, however, it is always best to avoid this outcome as WorkCover have frequently rejected or attempted to reject claims lodged outside the time limit. Lodging claims outside the time limit can cause additional costs to be incurred which we are always eager for our clients to avoid. At vbr Lawyers, we offer a complimentary case assessment and prior to any claims being lodged, we will advise you regarding your prospects of success, the likely full value of your claim and a very reasonable fixed fee client agreement which we know is at least 20 to 45% less expensive than our competitors.

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State updated!
Your state has been updated to QLD. Practice areas on compensation law have been updated.