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 whilst working in New South Wales you will usually have two compensation options:-

  • Statutory claim with ICare / the Dusts Diseases Authority of New South Wales
  • Common law claimin the Dust Diseases Tribunal of New South Wales against your former employer / manufacturer of the asbestos products

 

Which compensation option is best for you will depend 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, and availability of witnesses to confirm your exposure. We will advise you about which option will best suit your situation.

Significant compensation is also available for family members who have been diagnosed with an asbestos disease – for example where asbestos exposure has occurred when laundering the work clothing of their partner, or from assisting in home renovations. Similarly, dependants of persons who have passed away from asbestos disease can also make a claim for compensation but strict time limits do apply.

Our long experience in handling claims for clients with these serious conditions means that we have the knowledge, expertise to achieve the best results, while always recognising that time is of the essence. 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 at a very reasonable cost.

  • No Win – No Fee
  • Senior Lawyer acting for you from start to finish
  • Very competitive hourly rates
  • Pay Less Get More policy

Frequently Asked Questions

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.

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.

For solely based New South Wales asbestos exposure, there are no time limits on making a claim with ICare or a bringing a court action in the Dust Diseases Tribunal of New South Wales.

If your employment history and asbestos 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.

An ICare claim only takes into accountemployment based asbestos exposure in New South Wales.  It does not cover self-employment asbestos exposure.  

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

  1. A disability pension based on your prescribed % impairment level caused by your asbestos disease; and 
  2. Past and future medical expenses for your asbestos condition (including access to cutting edge immunotherapy treatment for mesothelioma); and
  3. Paid care. 

In order to access lump sum compensation, you must bring a court action in the Dust Diseases Tribunal of New South Wales against your former employer / manufacturer of the asbestos products.  

For mesothelioma cases, damages can easily range from $500,000.00 to $1,000,000.00 depending on the circumstances of the case.  

It usually takes between 2 to 4 months to complete a court action.  If required, this timeframe can be shortened to a matter of weeks.  

In order to access lump sum compensation, you must bring a court action in the Dust Diseases Tribunal of New South Wales against your former employerand/or manufacturer of the asbestos products.  

For asbestosis cases, damages can easily range from $250,000.00 to $500,000.00 depending on the circumstances of the case.  

It usually takes between 4 to 6 months to complete a court action.  If required, this timeframe can be shortened to a matter of weeks.

Yes, but we would need to identify the relevant workers’ compensation insurer on call / on risk during any periods of asbestos exposure.  

It is rare for us not to be able to identify a relevant insurer.  

If no insurer can be found, a case can always proceed against the manufacturer of any asbestosproducts used during the period of work.  

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.

When bringing a court action, a claim must invariably be made with icare if not already done.

We manage both the court claim and the icare claim together on a ‘No Win – No Fee’ basis and we 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.

Any liable party sued in a court action (employer/insurer/manufacturer) must always make at least a 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.

Example

If your damages case settles for $500,000.00 clear of any and all statutory refunds and total legal costs are $58,000.00 and assuming we obtained a $35,000.00 contribution to our costs (being 60% of $58,000.00), the following would occur:-

Settlement sum            $500,000.00

Plus cost contribution    $35,000.00

Less total costs               $58,000.00

Clear in the hand =        $477,000.00.

As you can see, we always ensure you recover the vast bulk of your compensation funds clear of costs.