Silicosis Lawyer

Most likely, yes. If you have been diagnosed with silicosis or any other condition caused by occupational exposure to respirable crystalline silica, there is a very good prospect that you will have a valuable claim for compensation.

Yes. If you were exposed to silica and you have been diagnosed with silicosis, you have 6 months from diagnosis to lodge a statutory 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.

There are no time limitation periods in which to bring a common law claim for silicosis in Queensland. However, very strict time limits may apply to other conditions caused by silica exposure including auto-immune conditions such as rheumatoid arthritis or scleroderma.

If your employment history and respirable crystalline silica exposure also cover other States and Territories, then strict time limits may apply. You need to move quickly to obtain expert legal advice to stop the clock ticking.

A statutory claim with WorkCover only takes into account employment based silica exposure in Queensland. It does not cover exposure to respirable crystalline silica through self-employment.

If your WorkCover claim is accepted you will be entitled to receive:

1. Weekly benefits or replacement wages;
2. Medical expenses;
3. Rehabilitation expenses;
4. Travel expenses;
5. Pharmaceutical expenses;
6. Vocational assistance; and
7. Lump sum compensation

If your condition has been medically certified as a condition that will terminate your life, you may also be entitled to a substantial lump sum award in the order of $700,000.00 to $800,000.00 depending on your circumstances.

A common law claim for damages is designed to put you in the same or very similar financial position you would have been in had you never developed silicosis.

To be able to bring a common law claim you need to have an accepted WorkCover claim and be able to provide negligence or legal fault to recover any damages or compensation.

We can assist you by considering the facts and circumstances giving rise to your work silicosis condition and advise if your claim has reasonable prospects of success. We are experts in providing this important advice.

If your common law claim is successful, you can recover the following:-

(a) Pain and Suffering;

(b) Loss of Wages or Income;

(c) Future Loss of Wages or Income;

(d) Past and Future Loss of Superannuation Benefits;

(e) Out of Pocket Expenses;

(f) Past and Future Medical Treatment Costs;

(g) Care and Assistance;

(h) A healthy contribution towards your legal costs which at vbr Lawyers will equate to at least 50% – 60% of your total legal bill being paid by the insurer.

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

We manage both the court claim and any statutory workers’ compensation claim on a ‘No Win, No Fee’ basis.

We will explain the likely legal fees upfront and from day one. We provide industry leading transparency regarding our fee structure and fee policy.

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.

Fees are calculated on a time costing basis. We are confident you will find our fees and charges to be extremely reasonable.

Any liable party sued in a court action (employer/insurer/manufacturer/supplier) must always make at least a 50%-60% contribution to your legal costs. There is always a small shortfall that comes off any settlement sum, but we always ensure you recover the vast bulk of your compensation funds clear of costs.

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.