What are asbestos diseases?
First, it’s important to understand the most common types of asbestos diseases before knowing whether it’s covered under your claim:
Mesothelioma
A rare and aggressive cancer that develops in the lining of the lungs, abdomen, or heart. Mesothelioma is directly linked to asbestos exposure, often with symptoms emerging suddenly.
Asbestosis
A chronic lung condition caused by inhaling asbestos fibres, leading to the scarring of lung tissue. Asbestosis can cause severe breathing difficulties and is progressive over time.
Lung cancer
Asbestos exposure significantly increases the risk of lung cancer, especially when combined with smoking.
Pleural plaque
A non-cancerous condition characterised by thickened patches of scar tissue on the lining of the lungs, indicating previous asbestos exposure. While not life-threatening, it may cause lung function impairment and chest pain.
Who can make an asbestos claim?
In Australia, anyone who has been diagnosed with work or non-work related asbestos disease will most likely have the right to claim for lump sum compensation. It doesn’t matter if:
- You have left the workforce or retired
- Your employer no longer exists
- You are/were a smoker
- You were a contractor or self-employed
- You don’t have the funds for litigation
Our founder, Martin Rogalski, has won numerous asbestos disease claims, including claims for mesothelioma, lung cancer, asbestosis, and asbestos-related pleural diseases. His track record of success in various jurisdictions including the Dust Diseases Tribunal of New South Wales, Queensland Supreme Court and Court of Appeal speaks volumes about the expertise you’ll have in your corner.
Achieve a speedy resolution with Rogalski Lawyers today.
Get a FREE Claim AssessmentWhat does asbestos compensation cover?
Rogalski Lawyers fast-tracks asbestos claims to ensure early resolution. Damages and injury compensation under negligence law typically covers:
Pain and suffering
Out-of-pocket expenses
Medical expenses including surgery, chemotherapy and immunotherapy
Past loss of income including superannuation
Future loss of income including superannuation
Compensation for care provided by loved ones due to the illness
Lost abilities to help family member/s due to the asbestos illness
Most at-risk occupations for asbestos exposure
Many construction, mining and industrial jobs present a higher risk of asbestos exposure. These include:
- Carpenters
- Boilermakers
- Laggers
- Naval servicemen
- Electricians
- Plumbers
- Asbestos factory workers
- Waterside workers
- Miners
- Demolition workers
Asbestos diseases aren’t just limited to workplaces. Renovating homes increases the risk of asbestos dust exposure. Surprisingly, two out of three homes in Australia still have asbestos cement fibro sheeting. Mesothelioma, one of the most common diseases, is often contracted with very minimal asbestos exposure. There is no safe level of asbestos exposure.
Some claims have strict time limits, so it’s best to obtain legal advice early on – ideally straight after diagnosis. Rogalski Lawyers offers free, face-to-face initial consultations to put your mind at ease. Don’t delay justice any longer.
Do you really need an Asbestos Lawyer?
While it’s not a legal requirement, claim mistakes can be costly – financially and emotionally. It’s highly recommended to hire a lawyer who specialises in asbestos claims so you receive the full amount you’re entitled to.
If you choose to entrust our services, we vow to make it count. Your success is ours after all. We understand the importance of home comfort, especially for those dealing with asbestos-related illnesses. Our committed and considerate lawyers are ready to visit you at your home or hospitals as needed, to ensure your rights are protected.
Enquire NowHow can Rogalski Lawyers help with your asbestos compensation claim?
At Rogalski Lawyers, we specialise in asbestos compensation claims and are committed to guiding you through every step to achieve a fair, just, and rewarding outcome.
Our extensive experience within this field of law ensures that we understand the complexities of litigation when it comes to your healthcare, and are dedicated to securing the best possible outcome for you based on your specific case.
We focus on compassionate client care, providing personalised legal support while pursuing the compensation you deserve based on your condition.
We’ve helped hundreds of clients since 2018
Daphne
Surgeon said my husband had stage 4 mesothelioma. It was a very complex case, but Rogalski Lawyers made it easy for me to understand as a lay person. Everything was explained in detail and a very good result was achieved.
John
Everything went so smoothly. I never needed to ask for anything because letters were so regular. It was excellent. I was glad I went this way. I am very happy.
Barbara
You become part of their family. They are very welcoming. They treat you as a human being, not as a number. I have used them a few things now and they are close like family to me. I recommend the whole team.
No Win, No Claim asbestos disease lawyers
At Rogalski Lawyers, we operate on a No Win, No Fee basis – which means that you won’t pay any legal fees unless we win your case. This allows you to seek justice without the risk of significant financial burden.
We know how serious it is when it comes to asbestos disease, which is why our priority is your peace of mind, allowing you to focus on your health while we handle the legal complexities and focus on winning your case.
Want to know if you have a claim?
Our lighting-fast, user-friendly online claim checker can confirm if you have a valid claim.
Asbestos Claims FAQs
What have been the results of your previous asbestos cases?
Historically, we have achieved excellent results on behalf of our clients. We strive to achieve the best possible outcome in every case. Each case that we take on is as special as the next. We treat each case equally in terms of the amount of effort that we put into each case and we do everything that we can to maximise compensation for each and every deserving client.
A recent triumph includes the Hudson v Amaca Pty Ltd (No 2) [2022] NSWDDT 9 case. Representing the late Mr. Hudson’s Estate and his son, Joseph, who has Down Syndrome, we secured over $3,000,000.00 in damages for the Hudson family. This case set a record for damages in the Dust Diseases Tribunal of New South Wales, which has been operational since 1989.
Are there deadlines for filing a claim in Queensland?
Yes, if your asbestos exposure occurred at work, you have a 6-month window from diagnosis to lodge a claim with WorkCover Queensland. Failing to do so within this timeframe may lead to claim rejection. If you are unsure about your rights or diagnosis date, we’re here to help. For non-work-related asbestos exposure, there are no time limits for claims.
What diseases can I receive compensation for?
- Mesothelioma (pleural, peritoneal and pericardial)
- Asbestosis
- Asbestos-related Pleural Effusion
- Asbestos-related Lung Cancer
- Asbestos-related Pleural Thickening
- Asbestos-related Pleural Plaques and Pleural Disease
- Asbestos-related Kidney Cancer
- Asbestos-related Laryngeal Cancer
- Asbestos-related Oesophageal Cancer
- Asbestos-related Bowel Cancer
- Black Lung (Coal Miners Pneumoconiosis)
- Silicosis (Acute, Accelerated and Chronic)
- Progressive Massive Fibrosis
- Chronic Obstructive Airways Disease (COPD) and Emphysema from inhalation of toxic dusts and fumes
- Occupational Asthma
Does it matter if I was exposed to dust in several locations across Australia?
No. It’s not uncommon to have an occupational history of exposure to concentrations of dust and fumes covering different states and territories.
Does it impact my asbestos claim if I was a smoker?
In most cases, no. Cigarette smoking is generally not connected to the development of asbestos disease.
Does it matter if my former employer no longer exists?
In Queensland, it doesn’t matter if your previous employer no longer exists. Queensland Workers’ Compensation allows an employee to claim against a former employer’s insurance policy. Laws differ between jurisdictions, so it’s important that you obtain professional legal advice as soon as possible after diagnosis.
What if I can’t remember much about my history of exposure to dust?
We understand that memory can fade over time. Just provide us with as much information as possible, and we will take care of the rest. Remember, the more information we have, the stronger your case.
Will I be charged for the initial consultation to see if I can make a claim?
No. Rogalski Lawyers offer a FREE initial consultation and then operate on a No Win, No Fee basis if we believe that you have a viable claim. You are under no obligation to proceed after the initial consultation. Please read our No Win, No Fee policy here for more details.
Can I claim asbestos compensation for the death of a loved one?
Yes. You can lodge a dependency claim if one of your dependent family members has passed away as a result of exposure to occupational dust or toxic fumes.