Asbestos-related


Asbestos-related diseases are caused by the inhalation of asbestos fibres over a period of time. Asbestos-related diseases typically have long latency periods, that is 10 to 40 years from exposure to onset of the disease. Asbestos-related diseases include:

A worker may be entitled to compensation for an asbestos-related disease if the condition was caused by employment as a worker in Queensland.

Types of asbestos-related diseases

Asbestosis/

pulmonary fibrosis

Scarring of the lung tissues themselves. Causes shortness of breath which, if severe, can be disabling.
Mesothelioma A cancer of the pleural (the covering of the lung) or peritoneum in the abdominal cavity, almost always associated with exposure to asbestos.
Pleural plaques Thickening of the outer lung lining usually without symptoms.
Lung cancer More frequent in people who have distant asbestos exposure than those in the normal non-exposed population.

Asbestos materials and products

Asbestos hazards exist from working with a variety of asbestos materials and products:

There is also evidence that asbestos-related diseases can be contracted from exposure to asbestos in dwellings constructed of asbestos-cement sheeting. This would only occur where the worker carried out renovations or alterations to the residence where the asbestos-cement sheeting was removed or broken up.

How do I apply for compensation?

Under the Workers' Compensation and Rehabilitation Act 2003 (the Act), anyone defined as a 'worker' who has sustained an asbestos related 'injury' in their employment in Queensland can apply for compensation. You can apply for compensation by sending us a signed and completed Application for Compensation - Abestos Injury  form and a Workers' Compensation Medical Certificate from your doctor.

When completing the application form, provide as much information about your injury as possible. In particular, if you can supply WorkCover with:

it will help us to make a fast decision on your claim.

Our assessors can discuss the claims process with you and will obtain, or help you obtain, the necessary information in the shortest possible time. We will also help you collect employment history and other relevant information by contacting your nominated union representative, former employers, and doctors.

Do I need a lawyer?

Benefit payments are the same whether you use a lawyer or not, and by dealing direct with WorkCover Queensland, the process is usually simpler and faster.

As all claims are assessed according to the Act, worker's with similar injuries will have similar entitlements. Whether you choose to have legal representation is a personal choice. Although this will not change the amount of benefits you may be entitled to receive, you will need to deduct the cost of legal fees from this amount.

How are applications assessed?

WorkCover Queensland has a dedicated team that will assess your application according to the workers’ compensation legislation in effect at the date of your last exposure. This includes determining whether you at the time of injury, were a ‘worker’ and suffered an ‘injury’ in your employment, as defined in the legislation.

As part of the assessment process, your level of permanent impairment will be determined. Mesothelioma is usually assessed at 100% permanent impairment.

Entitlements

If your claim is accepted and you have 100% permanent impairment, you will be entitled to lump sum payments including:

You may also be entitled to other benefits which your assessor will discuss with you.

Contacting us

We have a small team dedicated to managing asbestos related applications. You can call us 1300 362 128 and we can help you complete the application form, or discuss any aspect of your claim.


© WorkCover Queensland
Published 28 July 2008
The materials contained in this publication have been prepared by WorkCover Queensland for information purposes only and should not be considered legal advice. Precautions have been taken to ensure that the information in this publication is accurate as at the publication date and will be reviewed and updated as required.
WorkCover Queensland