Industrial Disease Lawyers Perth

Asbestos-related diseases

There are different forms of asbestos-related disease, including:

• mesothelioma;
• lung cancer; and
• asbestosis.

A diagnosis often comes long after the work that caused it, sometimes from a job you held years ago. That does not shut you out of a claim. We work back through your employment history to identify where you were exposed and who was responsible for it.

Silicosis

Silicosis is a lung disease caused by inhaling silica dust. Exposure to silica dust is most common for workers in the construction, stone benchtop and mining industries.

Because of the risk of silicosis, the use of engineered stone was banned across Australia, including WA, from 1 July 2024. That ban protects workers going forward, but it does nothing for people already exposed. If you cut, ground or polished engineered stone before the ban and have since been diagnosed, you may be entitled to compensation.

Statutory compensation and common law damages

Workers diagnosed with an asbestos-related disease or silicosis may be entitled to statutory workers' compensation and, in many cases, common law damages as well.

Statutory workers' compensation runs through your employer's insurer and does not depend on proving anyone was at fault. It can cover income compensation while you are unable to work, your medical and health expenses, and a lump sum for permanent impairment. The process is the same one that applies to any workers' compensation claim in WA.

A common law damages claim is different. It is brought where your employer's negligence caused your disease, and it opens up losses that statutory compensation does not cover. To pursue it you must have a permanent whole person impairment (WPI) of at least 15% – a medical assessment of how much your body has been permanently affected.

Between 15% and 25%, the damages you can recover are capped. At 25% or more, they are not.

What you can claim for

Depending on the claim you bring, you may be able to claim for:

• pain and suffering, and loss of enjoyment of life;
• past and future loss of income and superannuation;
• past and future medical expenses, including psychological treatment;
• the provision of care, home services and assistance; and
• incidental expenses such as travel and parking.

Care and home services are worth pointing out. If your family has been helping you with things you used to manage yourself, that help has a value and it can form part of your claim.

Why acting early matters

Time limits on dust disease claims are strict, and choosing to pursue common law damages is a decision that cannot be undone once it is made. Both are reasons to get advice before anything is signed or lodged.

Dust disease claims can be run on a no win no fee* basis, subject to an assessment of your claim.

What working with us looks like

A dust disease diagnosis brings a lot at once: appointments, decisions, and worry about what it means for your family. We take the claim off your hands.

That means gathering your work history and medical evidence, dealing with the insurer, and explaining each step in plain English before it happens. You will always know who is running your file and what stage it is at.