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What is Dust Disease/ Asbestos Exposure?

A worker who is exposed to dust such as asbestos or silica can cause a disease such as mesothelioma, asbestosis, lung cancer, larynx cancer, oesophagus cancer or a related disease may be entitled to be compensated by the Dust Diseases Board of NSW or at common law.

In order to make a claim to the Dust Diseases Board of NSW you must have been employed in NSW at the time you were exposed to the dust disease, must be exposed to dust such as asbestos/silica and that you contracted the nominated diseases e.g. mesothelioma, asbestosis.

Dust disease/ asbestos is commonly found at:

  • Home building sites
  • Renovation sites
  • Commercial construction sites
  • Import and waterside precincts
  • Excavations and tunnel work

What Compensation Could I Be Entitled to?

A worker who has been exposed to asbestos or dust related disease may be entitled to claim under the common law if they can prove that their employer was negligent. Other persons who have been exposed may also have a claim even if it is not work related.

Where a family member has died from dust disease/ asbestos you are able to claim a death benefit that entitles you to have a lump sum compensation and weekly payments as a dependent.

You may be entitled to compensation for:

  • Weekly payments;
  • Pain, suffering and loss amenities;
  • Past and future medical expenses;
  • Loss of wages and future loss of earning capacity and
  • Out of Pockets;

What if I am a Smoker?

You are still able to claim compensation for a dust disease even if you smoke. Coutts will engage a medical specialist to investigate the cause of your disease. This might prove that it was inhaling harmful dust particles that caused your lung disease.

Is there a time limitation to make a claim?

Time limitations depend on individual circumstances. However, it is likely that you will still be able to make a claim even if you were exposed years beforehand. Therefore, it is critical to seek legal advice as soon as possible.

Why Choose Coutts?

At Coutts we are proud of our “No Win No Fee” policy as we understand the financial burden obtaining a solicitor can have on an individual. We also provide a free Initial consultation and case assessment advice at the beginning of your matter. At Coutts, we pride ourselves on providing flexible services to our clients and we will commute to you for appointments. We endeavour to respond to our clients within a 24 hour time frame and have a one point of contact.

Our Coutts Team understands that a dust disease/ asbestos claim is complex and time sensitive. Our lawyers have the knowledge and experience to assess your claim and assist you with the development of your matter. Contact us today!

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