Asbestos Disease Claims

Asbestos Claims | VBR Lawyers

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 Victoria you will usually have two compensation options:-

  • If your exposure was after 1 September 1985 and in the course of your employment, you may be entitled to no-fault benefits from WorkCover.
  • Common law claimin the in the Supreme Court of Victoria seeking compensation for your pain and suffering, economic loss (if applicable) and medical and like care expenses.

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.

You can pursue the following compensation entitlements: –

  1. If your exposure was after 1 September 1985 and in the course of your employment, you may be entitled to the following no-fault benefits from WorkCover:

Weekly payments

You may be entitled to weekly payments depending on how much you are able to work whilst suffering from a work-related injury/illness. Payments are calculated as a percentage of your pre-injury/illness weekly earnings.

Reasonable medical and like expenses:-

  • a) Ambulance and hospital expenses
  • b) Doctors and other medical attendances (including travel expenses)
  • c) Medications and aides
  • d) Personal and household expenses
  • e) Rehabilitation costs (including counselling and household assistance).

2. A court claim for damages can be instituted against past employers / insurers / manufacturers for lump sum compensation.

For solely based Victorian asbestos exposure, there is a primary 3-year limitation period for bringing a court claim.

If the 3-year primary period has expired, a 12-month extension of time can be granted to bring a court-based claim.

Rarely do we see asbestos disease claims being deemed “out of time”, but it is very important you seek immediate legal advice to stop the clock running and protect your entitlement.

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

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, then a case can always proceed against the manufacturer of any asbestos products 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.

We would manage your claimon 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.

Google Rating
5.0
Google Rating
5.0
vbr Lawyers
5.0
Based on 23 reviews
powered by Google
Karen Lilley (Tilly)
Karen Lilley (Tilly)
04:11 12 Mar 21
Nice secure office & friendly staff.
Jaons Vi
Jaons Vi
05:30 20 Jan 21
I’m very pleased with the vbr team on the Gold Coast. Beth and her team did an excellent job getting all my insurances... sorted out for me. Fast and prompt and professional service from start to finish.Would definitely recommend them to anyone who needs help with a workplace injury or TPD.Thank you very muchread more
Brad Alexander
Brad Alexander
11:25 25 Nov 20
Greg, Emma and the team did a fantastic job, very professional & thorough. They were happy to explain each stage of the... process and break down the jargon. I would highly recommend the team at VBR Lawyers.read more
Caroline Neves da costa
Caroline Neves da costa
12:55 08 Oct 20
I can not recommend Beth and the rest of the team at VBR Lawyers enough. They showed authentic care for me and made me... feel comfortable at all times.read more
adam thomas
adam thomas
19:52 03 Sep 20
Very professional team went above and beyond would highly recommend them to anyone who needs an injury lawyer!!!
William Crick
William Crick
12:32 08 Jul 20
I highly recommend Greg and the team from vbr lawyers, for the great professional and personal service, they went above... and beyond all expectationsWill definitely use them the next time they’re neededread more
Cath Beavis
Cath Beavis
23:13 16 Jun 20
A very smooth process - a big thank you to Zach, Beth and the team. Very professional service and I would highly... recommend vbr lawyersread more
William priest
William priest
04:50 29 May 20
You will not find a more professional ,caring and supportive law firm anywhere. Many thanks to Greg , Ray and the team... at VBR law for everything you have done. I cannot thank you enough for your support.read more
Kate Barrell
Kate Barrell
23:42 19 Mar 20
I can’t speak highly enough of Zach and the team at VBR. They took on my case after another law firm stuffed it up, and... I had been turned away by other firms as a result. They were professional, caring and supportive throughout, keeping me up to date the entire journey. They achieved a result that far exceeded our expectations. These guys care about what is ‘right’. They put their heart and soul into it for me. Completely grateful to have them on my side. .I thoroughly recommend them.read more
Michael Amadio
Michael Amadio
06:29 14 Nov 19
Greg and Ray were very professional and thorough with handling of my claim. Staff, Eleanor and Caitlin, were very... helpful with handling and redirecting my queries both over the phone and via email. Highly recommended.read more
See All Reviews