We’ve Got You Covered
We provide expert legal assistance for Dust Disease Exposure claims. These claims address health conditions caused by exposure to harmful dust and particles in the workplace, such as asbestos, silica, and coal dust. Our team has the expertise to handle the complexities of these cases, ensuring that individuals affected by dust diseases receive the compensation and support they need.
Karena Nicholls
Partner
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What is Dust Disease 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.
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 have been exposed to dust such as asbestos/silica and that you contracted the nominated diseases e.g. mesothelioma, asbestosis.
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 of amenities
- Past and future medical expenses
- Loss of wages and future loss of earning capacity
- 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.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
Book Your Dust Disease Exposure Consultation Now
Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
Connect with Karena Today
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Dust Disease Exposure FAQ’s
Dust diseases like those caused by asbestos exposure can have a long latency period, meaning symptoms can appear many years, sometimes decades, after the initial exposure. Even if the exposure happened a long time ago, you might still be eligible to make a claim. It’s essential to consult with a lawyer who can guide you through the process and assess your specific situation.
It can be challenging to ascertain the presence of asbestos or other harmful dust, especially if the exposure happened many years ago. However, records of workplace safety assessments, building materials, or testimonies from co-workers can help establish the presence of harmful substances. Coutts can assist in gathering this information and determining the potential sources of exposure.
Even if your former employer no longer exists or has declared bankruptcy, you may still be able to make a claim. Often, claims are paid by the company’s insurer or by statutory bodies set up to handle such claims. It’s crucial to work with a knowledgeable lawyer familiar with dust diseases and asbestos exposure claims to navigate these challenges.
Yes, there have been cases where family members of those directly exposed to asbestos, particularly those who might have come into contact with clothing or items contaminated with asbestos fibers, developed related diseases. If you believe you’ve been indirectly exposed, it’s essential to seek both medical and legal advice.
The duration of an asbestos or dust disease claim varies based on the complexity of the case, the clarity of the evidence, and the specifics of the disease. Given the severity of many asbestos-related conditions, efforts are often made to expedite these claims. At Coutts, we understand the urgency and strive to move your claim forward efficiently while ensuring your rights are fully protected.
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