To ensure your rights are protected, contact a lawyer who will take a life and employment history of all of your potential lifetime exposures to asbestos.
From this history your lawyer will be able to tell you which entities to sue, known as defendants. Common defendants to asbestos claims include:
Very often if you worked with asbestos your previous employer may have gone out of business. This may not stop you from starting a claim for your compensable injury of mesothelioma. If it can be shown that your former employer had workers’ compensation insurance at the time of your employment, an application can be made to the Court to reinstate the company for the purpose of litigating your claim.
Depending on your own personal history, your lawyer will issue your claim against your former employers and/or the manufacturers of the asbestos products you used and/or the occupiers of the sites you worked at.
If you have any documents related to your previous employers, please bring this to your first meeting with your lawyer.
What if I was self-employed?
If you were self-employed and remember using asbestos products, it is likely you will be entitled to claim compensation from the:
Lawyers who practise in this area will be able to advise you more about this.
What if I smoked?
Mesothelioma is not caused by tobacco. Therefore you can still bring a compensation claim for mesothelioma if you smoked.
What sort of compensation will I receive?
Your common law claim may include damages for:
Statutory benefits will be calculated in line with the relevant scheme.
From this history your lawyer will be able to tell you which entities to sue, known as defendants. Common defendants to asbestos claims include:
- former employers
- manufacturers of products containing asbestos such as James Hardie or Wunderlich
- occupiers of sites where asbestos was present.
Very often if you worked with asbestos your previous employer may have gone out of business. This may not stop you from starting a claim for your compensable injury of mesothelioma. If it can be shown that your former employer had workers’ compensation insurance at the time of your employment, an application can be made to the Court to reinstate the company for the purpose of litigating your claim.
Depending on your own personal history, your lawyer will issue your claim against your former employers and/or the manufacturers of the asbestos products you used and/or the occupiers of the sites you worked at.
If you have any documents related to your previous employers, please bring this to your first meeting with your lawyer.
What if I was self-employed?
If you were self-employed and remember using asbestos products, it is likely you will be entitled to claim compensation from the:
- manufacturers of the products you used and/or
- occupiers of the sites at which you worked.
Lawyers who practise in this area will be able to advise you more about this.
What if I smoked?
Mesothelioma is not caused by tobacco. Therefore you can still bring a compensation claim for mesothelioma if you smoked.
What sort of compensation will I receive?
Your common law claim may include damages for:
- pain and suffering
- loss of expectation of life
- past and future medical expenses
- past and future care and assistance
- past loss of wages and loss of future earning capacity if you were working at the time of diagnosis
- past and future domestic care expenses for a dependent (e.g. a child) (these damages are only available in New South Wales and South Australia).
Statutory benefits will be calculated in line with the relevant scheme.
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