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If you have developed an asbestos related injury you may be able to claim compensation, even if your exposure to asbestos was many years ago. Michael Schaefer and his team at Advice Line Lawyers are able to provide expert advice and have been prosecuting claims on behalf of sufferers of asbestos related injuries for over 20 years.
If you want to find out more about asbestos claims and what rights you may have before coming in to see us, please click on the following links:
What is asbestos?
Asbestos is a term applied to a group of minerals formed into rock and mined in a similar way to coal. In this form, asbestos is made up of strong, fine and flexible fibres. The processing and milling of asbestos shapes the fibres like needles which once airborne, can be easily inhaled or swallowed. In Australia, asbestos fibre production began in 1880, leading to asbestos mining and milling operations in various states, including Western Australia (Wittenoom 1938-1966) and New South Wales (Baryulgil 1940-1979). Asbestos fibre was also imported into Australia from Canada, South Africa and the United States.
Asbestos is now widely recognised as an occupational health hazard and a major cause of human injury and death. There are four commercially important forms of asbestos, all once widely used in building and in numerous commercial products:
- Chrysotile (white asbestos)
- Crocidolite (blue asbestos)
- Amosite (brown or grey asbestos)
- Anthophyllite
Asbestos manufacture and use today has all but ceased, however it can still be found in:
- asbestos-cement sheets, roofing and pipes
- paints and sealants
- brake linings, gaskets and friction products
- textiles including felts and curtains
- sprayed on sound proofing or fire proofing
In Australia, most asbestos is white asbestos but all forms are capable of causing lung cancer, mesothelioma as well as other asbestos-related diseases such as pleural fibrosis and asbestosis.
Asbestos injury
The risk of contracting an asbestos related disease increases with cumulative exposure and also with the passing of time since the first exposure to asbestos occurs. Airborne asbestos fibres which are inhaled or swallowed may remain in the body for decades. Before these ingested asbestos fibres ultimately cause injury, a latency period of 40 years or more following first exposure to asbestos can elapse.
Pleural fibrosis – also known as pleural plaques
These can take 7 years or more to develop in the lung following asbestos exposure. A pleural plaque is an indicator of previous asbestos exposure. It is a thickened patch on the lining or pleura of the lung. Plaques may be present in both lungs and in considerable numbers. Pleural plaques are often discovered by chest x-ray or high resolution CT scanning. Generally, pleural plaques do not impair lung function and therefore require no medical treatment. A large pleural plaque can reduce lung expansion and lead to shortness of breath.
Asbestosis
When asbestos fibres lodge in the lungs and cause scarring to lung tissue, symptoms of breathlessness and fatigue can develop leading to a diagnosis of asbestosis. Like pleural plaques, asbestosis is not a cancer but it is a serious industrial disease which can result in significant physical disability. Asbestosis can lead to a painful death as scarring to the lungs can continue to develop despite there being no further asbestos exposure.
In all claims involving the condition of asbestosis, the lung condition called idiopathic pulmonary fibrosis (which is clinically diagnosed as usual interstitial pneumonia) must be excluded. This will require expert respiratory analysis of CT scan results and lung function testing as well as an assessment of the appropriate work history. Asbestosis can develop after a latency period of 10 years or more following the first asbestos exposure.
Mesothelioma
Inhaling or swallowing asbestos fibres can cause a cancer, called mesothelioma, to the lining of the lung. Mesothelioma can also develop in the stomach, the abdomen (peritoneum) or the bowel. Past exposure to asbestos is the only known cause of mesothelioma. This fast growing cancer can take 20 to 45 years to develop. Mesothelioma of the pleura of the lung may develop in one spot or a number of spots. As the cancer grows it can extend into the chest wall and the ribs and produce fluid in the lining of the lung resulting in breathlessness and a dry cough. Mesothelioma in the abdomen causes pain and swelling as well as urinary and bowel dysfunction. There is no known cure for mesothelioma. Sufferers of mesothelioma rarely survive longer than 18 months after diagnosis.
Lung cancer
Swallowing or inhaling asbestos fibres can lead to the development of cancer in the lung tissue. Cigarette smokers and diagnosed sufferers of asbestosis are at greater risk of developing lung cancer. There are different types of lung cancer but all can be caused by asbestos exposure. Lung cancer may take decades to develop. Common symptoms of lung cancer include breathlessness, difficulty swallowing, coughing up sputum and constant chest pain. Chest x-ray and high resolution CT scanning can diagnose lung cancer.
Asbestos-caused injury or illness – who is at risk?
Any person exposed to asbestos is at risk of developing an asbestos-caused injury or illness. Exposure at work, at home or in the community generally can and does occur. Even exposure to asbestos as a child or when handling clothing or equipment itself exposed to asbestos can cause injury. Cigarette smoking combined with asbestos exposure greatly increases the risk of the development of lung cancer.
Activities where exposure to asbestos may occur can involve:
- mining or milling asbestos
- using products which contain asbestos in industries including building and construction, shipping, boiler making, lagging, fitting and turning and plumbing
- demolition or repair of buildings, structures or objects which contain asbestos
- handling, washing or cleaning clothing or equipment contaminated by asbestos fibre
What should a person do if they believe they have been exposed to asbestos?
If a person believes that he/she may have been exposed to asbestos and is concerned about his/her health as a result he/she should:
- immediately attend his/her general practitioner and request a full medical assessment including chest x-rays, lung function testing, referral to an expert respiratory specialist if required
- retain and place in safe keeping, relevant documents including –
- employment records
- taxation group certificates
- letters of commendation or service
- invoices and receipts
- brochures or product information documentation
- photographs depicting the asbestos product used or handled by him/her
- seek specialist legal advice.
Legal entitlements arising out of an asbestos related injury or illness
Advice Line Lawyers offers the complete expert service to deal with all aspects of the legal entitlements following a diagnosis of an asbestos related injury. These entitlements include:
- workers compensation entitlements involving weekly payments of compensation and payment of medical and associated treatment expenses
- access to an award of common law damages
- Centrelink and/ or superannuation entitlements
Advice Line Lawyers has in place an expert legal team to provide advice to the sufferer of an asbestos related injury. Our team can provide expert advice in relation to the preparation and prosecution of a common law claim for damages including:
- the obtaining of expert scientific and medical assessments with respect to the asbestos injury and the circumstances of exposure to asbestos
- court applications to abridge or shorten time limits applying to court proceedings
- to restore companies to the Register at the Australian Securities Commission to enable legal proceedings to be brought against them
- to obtain Orders for speedy trial of claims, particularly for mesothelioma
- to retain Counsel with specific Australia-wide expertise in the prosecution of asbestos related litigation
Contact us
We will attend clients with asbestos related injuries or illnesses at their own home to facilitate the providing of appropriate legal advice often in distressing circumstances. The first two legal consultations are entirely free of charge. Advice Line Lawyers also retain a register of all asbestos related inquiries.
For further information about entitlements arising as a result of an asbestos related disease please contact us on:
t: (03) 9321 9988
e:
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