What to expect

Below is an outline of the procedure involved in investigating and making a claim for compensation.

How Do I know If I have an Asbestos Condition

We are regularly contacted by many persons who are concerned about whether they have an asbestos disease.  These are generally people who have been exposed to asbestos in the past, often quite heavily, but have never been diagnosed with any asbestos condition as yet. 

It is the case that asbestos exposure usually takes years to develop into an asbestos condition.  Sometimes a person may have had the odd chest x-ray in the past which was clear but as they get a bit older they notice symptoms of shortness of breath.  This can simply be part of the ageing process or connected to weight gain or some other cause.  There may be no connection with asbestos disease whatsoever.

Then again, asbestos disease causes shortness of breath.  It also causes chest pain.  These are symptoms that should not be ignored and should be discussed with a general practitioner who can advise what type of test should be carried out to check for the presence of asbestos disease.

As a starting point we recommend consulting your general practitioner about having a chest x-ray.  This is a fairly simple and inexpensive test and if it is clear there is usually no need to investigate further, although a GP will advise in respect of this.  If there is any sign of asbestos disease on the chest x-ray a CT scan and often a high resolution CT scan is ordered.  Again, this is something the GP can refer a patient for.

If a person has been exposed to asbestos in the past but doesn’t seem to have any symptoms of significant shortness of breath on exertion or chest pain perhaps the best thing to do is to simply advise the GP that there has been asbestos exposure in the past and ask whether a simple chest x-ray, just as a “base line” investigation, is warranted.

It is important to note that most people exposed to asbestos do not develop any asbestos condition.  Unfortunately, the number of persons exposed to asbestos in the past are so enormous that even with only a small percentage developing asbestos disease, the numbers diagnosed each year are large and increasing.

Even if there is no diagnosis with an asbestos disease, the fact of asbestos exposure can still be registered with us.   Registering asbestos exposure can assist in protecting future compensation entitlements as the time between the exposure to asbestos and the development of an asbestos disease is usually between 20 and 50 years so as time goes by important details can become more difficult to recall.  You can register your exposure to asbestos with us online by returning to our home page and clicking on the “Register your Exposure” link or feel free to contact us on 08 9325 6920.  Registering your exposure to asbestos with us is of course obligation free. 

Contacting us

The process of investigating a claim commences when you make contact with us.  If you phone our office you will be put through to a senior staff member who will ask you some simple questions. Alternatively, if you have sent us an email or registered through the website, a senior staff member will contact you.

Your matter will be referred to a solicitor who will telephone you and have a more detailed conversation.

Investigating your claim  

An appointment will be made for you to see a lawyer in our office nearest to where you live, or the lawyer will visit you at home or in hospital if you are too ill to travel.

The lawyer will obtain a detailed work history, details of your exposure to asbestos and a detailed medical history. The lawyer will give you some preliminary advice as to what types of claim (if any) are available to you and what investigations we propose to undertake.

You will then receive a statement based on your instructions, which will be sent to you to review, correct and sign. If needed, we will contact potential witnesses such as former work mates to see if they will be able to assist your claim.

The most signficant factor in determining whether a person is entitled to compensation from asbestos disease is whether the person suffers from disability in the form of respiratory defect (breathlessness)  or chest pain as a result of asbestos disease.  Psychological injury can also lead to significant compensation.

To determine whether a person suffers from a disability as a result of asbestos disease it is necessary that chest x-rays, CT scans and breathing tests be carried out.  As part of the preliminary investigation, we may also obtain a report from your treating doctor or have you examined by a respiratory specialist of our choice.  We will arrange and pay for the appointment.  It is only through detailed investigations and reports being received that a diagnosis of disabling asbestos disease can be made.  If a person does have disability as a result of an asbestos disease there is usually an entitlement to lump sum compensation. 

At the end of the investigation process we will provide you with clear advice as to whether, in our opinion, you have good prospects of succeeding in a claim for compensation.  If appropriate, we will seek your instructions to commence proceedings.

Your Entitlements to Compensation

A variety of entitlements to compensation are available if you develop an asbestos disease in Western Australia.  Your appropriate entitlement is dependent upon whether the exposure to asbestos occurred in an employed or self-employed situation or in a non-occupational setting such as when carrying out home renovations or laundering asbestos ladden clothes and whether the exposure took place in Western Australia, interstate or overseas.  The appropriate jurisdiction depends on the place of exposure.

These entitlements are discussed in detail under the seperate headings common law claims, workers compensation claims, UK claims and former Commonwealth employees.