Australia has one of the highest rates of asbestos-related deaths in the world, a legacy of the country’s extensive use of asbestos before its 2003 nationwide ban. Estimates show that asbestos-related diseases account for 4000 deaths in Australia each year, according to a 2023 paper published in Sustainability. For Queensland workers who have developed diseases from workplace asbestos exposure, navigating the compensation landscape presents unique challenges.
The Silent Danger: What Is Asbestos?
Asbestos is a naturally occurring mineral once prized for its durability, heat resistance, and insulating properties. Between the 1880s and 1980s, it was commonly used in fireproofing, construction materials, automotive parts, and numerous industrial applications across Australia. The microscopic fibres that make asbestos so useful are precisely what make it deadly when inhaled or ingested.
When asbestos-containing materials deteriorate or are disturbed, these release invisible fibres that can remain airborne for hours. Once these fibres enter the body, they can become lodged in tissue, particularly in the lungs and pleural lining (the thin membrane that lines the chest and the lungs). Over time, this causes inflammation and cellular damage that can eventually lead to serious asbestos-related diseases decades after exposure.
Types of Asbestos-Related Diseases
Several distinct medical conditions can develop following asbestos exposure, each with different characteristics and prognoses:
Mesothelioma
With 617 new diagnoses in 2023, this aggressive cancer affects the mesothelium, the protective lining around organs. Pleural mesothelioma (affecting the lung lining) is the most common form, but it can also develop in the abdomen, heart, or testicles. With a latency period ranging from less than 10 years to 70 years and a median age of diagnosis at 77, mesothelioma is almost exclusively associated with asbestos exposure. Even brief exposure can cause this disease, which has claimed 685 lives in 2022, or a mortality rate of 2.0 deaths per 100,000 Australians. Unfortunately, individuals usually have 11 months to live after diagnosis.
According to the UK’s National Health Services, and Cancer Australia, symptoms of mesothelioma include:
- Persistent chest pain, particularly around the ribs or shoulder
- Shortness of breath and difficulty breathing
- Dry, painful cough
- Unexplained weight loss
- Fatigue and general weakness
- Abdominal pain and swelling (for peritoneal mesothelioma)
- Night sweats
- Lumps under the chest or abdominal skin
- Loss of appetite
Asbestosis:
This progressive, non-cancerous lung disease causes scarring of lung tissue due to inhalation of asbestos fibres. Symptoms of the diseases include:
- shortness of breath
- persistent cough
- permanent lung damage.
Unlike mesothelioma, asbestosis typically develops after heavy, prolonged exposure to asbestos.
Pleural plaques
These thickened areas of the pleural lining are the most common manifestation of asbestos exposure. Research shows that among workers exposed to asbestos fibre, 3% to 85% develop pleural plaques. While not necessarily harmful themselves, they indicate significant asbestos exposure and an increased risk of developing mesothelioma. Pleural plaques often have no symptoms but may cause a slight decrease in lung function.
Asbestos-related lung cancer:
Distinct from mesothelioma, this affects the lung tissue itself rather than the pleural lining. However, the incidence of asbestos-related lung cancer is 2 to 6 times higher than mesothelioma among individuals with asbestos exposure, as reported in a 2024 article in Lung Cancer. Additionally, smoking can increase the risk by 10 to 100 times among these individuals.
High-Risk Occupations in Queensland
Certain occupations carry higher risks of developing asbestos-related diseases due to historical workplace exposure:
- Asbestos mining industry workers
- Construction workers and builders
- Manufacturing workers handling asbestos textiles and products
- Carpenters
- Electricians and plumbers
- Railway workers
- Firefighters
- Power plant workers
- Industrial workers
- Shipyard workers
- Automotive industry professionals
It’s important to note that Queensland has seen a concerning “third wave” of asbestos exposure among DIY home renovators in previous years. Every Australian, however, must remember that asbestos has been banned in the country for more than two decades for good reason.
Compensation Pathways for Asbestos-Related Diseases in Queensland
If you’ve been diagnosed with an asbestos-related illness due to workplace exposure, you may be entitled to compensation. In Queensland, there are two primary legal pathways: statutory WorkCover claims and common law damages claims. Understanding these options can help you secure the financial support and medical care you need.
Statutory WorkCover Claims: No-Fault Compensation for Injured Workers
A statutory WorkCover claim is the first step in seeking workers’ compensation. Queensland operates under a no-fault system. This means you don’t need to prove your employer was negligent—only that your illness or injury is linked to your job. This makes it easier for workers to access financial and medical assistance during a challenging time.
WorkCover Queensland manages statutory claims and provides various benefits for asbestos-related diseases, including:
- Lump sum compensation: A one-time payment depending on the severity of your illness.
- Medical expenses coverage: Covers doctor visits, treatments, medications, and specialist care.
- Income support payments: Helps replace lost wages while undergoing treatment.
- Funeral cost allowance: Assists families with burial and associated costs if the illness leads to death.
How to Lodge a WorkCover Claim
Making a WorkCover claim involves several key steps:
- Obtain a medical diagnosis: Your doctor or specialist must confirm your condition is asbestos-related.
- Submit your claim: Complete the necessary forms and lodge them with WorkCover Queensland.
- Industrial history review: WorkCover will assess your past employment to confirm asbestos exposure.
- Claim determination: A decision is typically made within 20 business days.
It’s crucial to act quickly—claims should be lodged within 6 months of diagnosis. However, extensions may be granted in exceptional cases where delays are justified.
Common Law Damages Claims: Seeking Higher Compensation
For those looking for more substantial compensation, a common law claim may be an option. This pathway allows you to sue negligent parties, such as employers, product manufacturers, or suppliers, for exposing you to asbestos.
Unlike statutory claims, common law claims require proving negligence, but they often result in significantly higher payouts. Compensation can include:
- Pain and suffering damages: Recognising the impact of your illness on your quality of life.
- Loss of earnings: Covering past and future income loss due to inability to work.
- Medical and care costs: Funding for ongoing treatment, home modifications, and in-home care.
Who Can Make a Common Law Claim?
You may be eligible if:
- Your employer failed to provide a safe work environment, leading to asbestos exposure.
- A manufacturer or supplier negligently exposed you to asbestos-containing products.
- You were self-employed but used asbestos products in your work.
- You were exposed outside of work, such as during home renovations, and can trace the responsible party.
Since asbestos-related diseases often have long latency periods, time limits apply to these claims. Acting swiftly ensures you don’t miss out on the compensation you deserve.
Treatment Options for Asbestos-Related Diseases
While no cure exists for most asbestos-related diseases, various treatments can manage symptoms and, in some cases, extend life expectancy:
- For mesothelioma: Treatment typically involves a combination of surgery, chemotherapy, and radiation therapy. Newer immunotherapy treatments have shown promise but are often expensive. Clinical trials are available for eligible patients seeking cutting-edge treatments.
- For asbestosis: While the lung damage is irreversible, oxygen therapy, pulmonary rehabilitation, and medications to ease breathing can improve quality of life.
- For pleural plaques: Treatment is not required. However, doctors may suggest regular check-ups and lifestyle adjustments, such as quitting smoking, to reduce the risk of complications.
It’s worth noting that workers’ compensation claims can help cover these often expensive treatments. For mesothelioma patients, rapid compensation can mean access to life-extending therapies that might otherwise be cost-prohibitive.
Can I Pursue Multiple Compensation Pathways?
Yes, depending on individual circumstances, Queensland workers may be eligible to pursue both statutory and common law claims simultaneously. However, any compensation received through one pathway may affect entitlements under the other.
Additionally, those suffering from asbestos-related diseases may also be eligible for:
- Total and Permanent Disability (TPD) insurance through superannuation: Individuals with asbestos-related diseases may be eligible for TPD insurance benefits through their superannuation if you are unable to work due to their condition.
- Income protection payments: These can provide financial support if you are unable to work due to illness.
- Critical Illness or Trauma insurance benefits: These policies often cover serious illnesses, including some cancers related to asbestos exposure, providing a lump sum payment upon diagnosis.
If you are considering pursuing a TPD claim, don’t hesitate to consult our TPD & Super Claims Lawyers today.
Conclusion
Asbestos-related diseases can have devastating consequences, but you don’t have to face them alone. Understanding your rights and seeking legal advice early can make a significant difference in securing the financial support and medical care you deserve. Whether you’re pursuing a WorkCover claim for immediate financial relief or a common law claim for long-term compensation, we’re here to help.
As expert Workers Compensation lawyers in Queensland, our firm specialises in helping you navigate the complexities of workers’ compensation claims. We understand the urgency of mesothelioma claims and prioritise fast-tracking these cases. We can assist with gathering historical employment evidence, preparing comprehensive claims, and pursuing all available compensation pathways to ensure you receive the maximum entitlements. At ROC Legal, we provide compassionate support while fighting for the compensation you deserve during this challenging time.
If you or a loved one has been diagnosed with an asbestos-related disease, talk to one of our Brisbane and Gold Coast Workers’ Compensation Lawyers, Hervey Bay Workers Compensation Lawyers, Rockhampton Workers Compensation Lawyers, and Bundaberg Workers Compensation Lawyers to maximise your entitlements.