Workplace Injuries & Accidents - Dust Diseases - Your Rights

Have you or a family member been diagnosed with a dust disease such as Asbestosis or Mesothelioma due to exposure to dust?

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Workplace Injuries & Accidents - Dust Diseases

If you have been diagnosed with a dust disease due to exposure to dust in the workplace or home you may be entitled to compensation.

Carroll & O’Dea Lawyers know how stressful it can be when your medical well-being as well as and that of your family is at a risk. If you have suffered an injury in the due to exposure, you need to ensure your rights are protected and your entitlements secured.

Exposure to dust in the workplace can result in a number of serious lung diseases, including asbestosis or mesothelioma that cause ongoing health problems and impact on your ability to earn a living. It is important you take steps to understand your rights and entitlements as an employee. These issues can be very complex.

Our Lawyers know everything there is to know about securing compensation benefits, as a result of breaches of duty of care and the result of poor work-site safety.

When it matters to have the best advice on compensation claims, talk to Carroll & O’Dea Lawyers. We offer a free no obligation consultation and we will also run your case under our no-win-no-fee-to-us policy. To view our policy click here.

Did you know?

Due to the significant delay between exposure and the onset of symptoms, there is no time limit for bringing a claim in relation to a dust disease in the Dust Diseases Tribunal of NSW or with the Dust Diseases Authority, but it is important to contact a lawyer as soon as you have been diagnosed with a dust disease or if there is a provisional diagnosis of a dust disease.

Frequently asked questions

What should I do if I have been injured?

If your doctor has diagnosed you with a dust disease, it is important that you speak to a qualified lawyer as soon as you can, even if you cannot initially recall where you were exposed to asbestos dust and fibre.

When do I need to see a lawyer?

A lawyer can advise you of your legal rights and whether you have a viable claim in this complex area.

If you have been injured at work, it is a good idea to seek legal advice as soon as you can as it is not always obvious if you do have a claim.

What will happen at my first meeting?

The first meeting will be with a partner and the lawyer who will work closely with the partner on your file. The partner has the ultimate responsibility for your matter.

During this meeting you will be asked to provide a summary of how you were exposed to asbestos or other dusts, the injuries sustained and other relevant information. Preliminary advice might be provided about your rights and options at this stage. Participating in this process does not commit you to any course of action. The first meeting is no obligation, it is simply to exchange information and give preliminary advice.

Importantly you will also be advised if on the available evidence you don’t have a legal case. This can be helpful in assisting you to move on and put the incident behind you, or seek a second opinion from another lawyer. We are happy to provide you with names of reputable firms who may assist.

How much will it first cost to ask a lawyer?

There are no costs for the first consultation at Carroll & O’Dea Lawyers with respect to personal injury matters. This meeting allows you to work out what your rights are and what your claim might be. If you don’t have a claim, we will tell you that first up. These first consultations are also without obligation.

What does "no-win-no-fee" mean?

As a consumer you are not liable for the costs of disbursements which can be significant unless there is a successful outcome.

Disbursements are the costs of running your case such as fees charged by experts for providing reports.

We will endeavour to recover as much of the costs as possible from the other party, but invariably there will be a gap that will be paid by you, from the settlement sum, at the conclusion of the matter. Carroll & O’Dea Lawyers will however ensure you are aware of what costs might be incurred.

How long will my claim take to be resolved?

At Carroll & O’Dea Lawyers we understand that engaging a lawyer can be stressful.

Dust diseases progress very differently depending on the nature of the disease. At Carroll & O’Dea Lawyers we will work as quickly as we can to progress your matter with speed through the procedures of the Dust Diseases Tribunal and Dust Diseases Authority.

The first meeting: What should I bring?

Necessary: A copy of your driver’s licence or any other identification.

Other Items: Any paperwork that has been provided to you about your medical diagnosis. This could be in the form of reports, medical certificates, scans, and letters. It’s not critical to have all documentation but it helps the lawyer to gain an overview of the potential matter.

What is covered and what sort of financial support might I receive?

If you have contracted a dust disease in the course of your employment within NSW, the Dust Diseases Authority will usually pay for reasonably necessary medical expenses as they incurred, as well as pay a fortnightly pension

You may be eligible to claim financial support including for example compensation for pain and suffering and loss of life expectancy. However injuries between individuals vary and so each matter is different and it is best to seek the advice of a lawyer.

Make an enquiry now

You can call our office on 1800 059 278 to ask questions about your circumstances and talk obligation free to one of our lawyers to find out if you should proceed with a claim. Alternatively, contact us using the form below and we will be in touch with you soon.

Alternatively find your nearest office here.