I have been diagnosed with asbestos disease, what can I do (Queensland)

Asbestos disease refers to a group of lung diseases that are caused by exposure to asbestos fibers. Asbestos is a naturally occurring mineral that was widely used in construction, manufacturing, and other industries due to its heat-resistant and insulating properties. 

When asbestos fibers are inhaled, they can become lodged in the lungs and cause inflammation, scarring, and other damage over time. This can lead to a range of asbestos-related diseases, including: 

1. Mesothelioma – a type of cancer that affects the lining of the lungs, abdomen, or other organs. 
2. Asbestosis – a chronic lung disease that causes scarring of the lung tissue and can lead to breathing difficulties. 
3. Lung cancer – a cancer that develops in the lungs and is often linked to smoking, but can also be caused by asbestos exposure. 
4. Pleural thickening – a condition where the lining of the lungs becomes thickened, which can cause breathing difficulties. 

If there are entitlements to be pursued under common law, various heads of damage can be claimed depending on the type of claim brought (i.e., against employers or manufacturers). These include: 

• General damages, which account for pain, suffering, and loss of amenities, and can amount to hundreds of thousands of dollars depending on the type of asbestos condition and its impact on the Claimant’s life now and in the future. 

• Lost services to a spouse or grandchild, if the Claimant would normally provide care for them on a regular basis. 

• Past and future medical expenses, including all receipts and expenses related to medical care, as well as an opinion from a medico-legal expert on likely future medical expenses. The severity of the condition will determine the amount of compensation awarded, which could be substantial. 

•  Past and future care, whether provided gratuitously or paid, by family members or friends. Compensation can be awarded for past care received and future care requirements. It is important to have an Occupational Therapist assess this head of damage to calculate reasonable commercial rates for the hours of care provided and to be provided. 

• Past and future economic loss resulting from a diagnosis with asbestos disease. 

• Claimable home modifications, aids, and equipment. An Occupational Therapist can assess the Claimant’s needs to ensure all aspects of compensation are claimed.