Asbestos & Dust Claims
Queensland workers who develop a disease as a result of exposure to asbestos or other dusts may also be eligible to make a claim for compensation. Asbestos and dust claims are a unique category of personal injury claims in that the symptoms resulting from the injury (at the time of exposure) may not become evident until years or decades down the track. No matter how long ago the exposure occurred, or whether the employer who negligently exposed you still exists, you can still make a WorkCover claim.
Asbestos injury resulting from exposure in the workplace is also covered by the Workers Compensation and Rehabilitation Act 2003 (Qld) and requires that you first submit a unique asbestos-related injury WorkCover claim form. Diseases caused by exposure to asbestos are often serious and life threatening. In this way, personal injury claims for compensation are not only relevant to the victim themselves but also to their loved ones and dependants in the event that they do not survive. Asbestos related diseases characteristically develop over a long period of time. Diseases commonly attributed to asbestos or dust exposure include mesothelioma, asbestosis, lung cancer, laryngeal cancer, ovarian cancer, testes cancer, pleural plaques, pleural thickening, and pleural effusion.
If you believe you have an asbestos or dust related disease, the most important thing to do is seek medical attention and have it diagnosed, not only to assist in managing the symptoms, but also to enable you to make a claim for compensation.
It should also be noted that in Queensland there are significant obligations on owners of commercial buildings for dealing with asbestos. If you are a employed in a commercial building that has asbestos and you suffer an injury as a result of asbestos, you or your family member are eligible to make a claim.
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