Dust Diseases (Black Lung & Mesothelioma)

Over the last 30 years our office has acted on a number of occasions for workers who have been diagnosed as suffering from Mesothelioma.

Mesothelioma is a dust disease resulting from exposure to asbestos fibres.  The disease is fatal and often symptoms do not occur until 30 or 40 years after a worker has been exposed to the asbestos.  Many workers are not diagnosed as suffering from Mesothelioma until a number of years after they have ceased being active in the workforce.

The diagnosis of Mesothelioma usually occurs after complaints of breathlessness and difficulties breathing and a referral to a Respiratory Physician.

If the worker can establish that their exposure to asbestos occurred whilst working in Queensland, a Workers Compensation Claim can be lodged with WorkCover Queensland.

WorkCover Queensland will require a completed claim form, details of the worker’s work history and supporting evidence generally by way of statutory declarations and medical evidence confirming the diagnosis of Mesothelioma.

After receiving the aforementioned material, if the claim is accepted WorkCover will pay as a lump sum the maximum benefits available as at the time of the diagnosis.  As a result of the most recent claim conducted in our office, the injured worker was paid a lump sum of $346,000.00 by WorkCover Queensland within two months of the lodging of the claim.

In the event that a worker is diagnosed as suffering from Mesothelioma and is still active in the workforce, consideration needs to be made as to whether in addition to seeking a lump sum payment from WorkCover Queensland, a claim should be pursued for future loss of income and future medical and other expenses.

Claims can be lodged through the Supreme Court of Queensland and/or the Dust Diseases Tribunal in New South Wales depending upon where the exposure to asbestos occurred and the domicile of the injured worker.  If a claim is lodged through either of the abovementioned Courts prior to the death of the injured worker, a claim for general damages will survive.  The general damages can range from $250,000.00 to $400,000.00 depending upon circumstances.

In recent months there has been considerable publicity concerning coal mine Pneumoconiosis (Black Lung Disease) and the failure of Radiologists to detect the onset of the disease.

Black Lung Disease is typically caused by exposure to coal dust which is generally more prevalent when workers are working in underground coal mines.  Black Lung Disease can result in moderate respiratory difficulties or serious respiratory difficulties.

Medical evidence suggests that once a worker has contracted Black Lung Disease to avoid working in areas where they can be exposed further to dust.  The inability of a worker who has spent a number of years attaining skills to earn a living as an underground coal miner to continue working as an underground miner will have a considerable economic effect on those workers diagnosed as suffering Black Lung Disease.

Workers with serious respiratory difficulties will also incur significant medical expenses and may require domestic assistance in the future.

If you have any queries concerning dust diseases and recovery of damages either through Workers Compensation Claims and/or civil action, please contact Gene Paterson of our office.