Exposure to chemicals, dangerous substances or other pollutants, such as dust, can unfortunately result in respiratory illnesses. Thankfully in some instances, these can be mild and easily treatable, however some can be chronic and others fatal.
Typically, our expert respiratory claims lawyers handle cases related to asbestos, poisonous fumes or chemicals and coal dust. Unfortunately, in Queensland (and throughout Australia) asbestos related illnesses and claims are common, due to the wide use of asbestos products into the late 80s.
Exposure to these materials and fumes most often occurs in the workplace, especially where your respiratory illness is linked to coal dust, chemical or solvent exposure. This is also true of many asbestos related claims.
However, due to the different stages of asbestos exposure, a number of claims are continuing to be made against the manufacturers of asbestos building materials and employers who may have used those materials. If you would like more information about asbestos claims, you can find that here.
The cause of your respiratory illness will determine what type of claim you will need to make and will be impacted by a number of factors. Whatever the source, our expert respiratory claims lawyer will go through this with you and ensure you understand the next steps to be taken.
Unfortunately, a number of respiratory illness can be fatal, in which case you may be wanting to ensure your family is compensated in the event of your passing – or potentially needing to explore a loss of dependency claim. These are claims that our expert lawyers can assist you with, when you are ready.
In the event of a respiratory illness, your finances can be one of your biggest concerns – especially if you are unable to work. That’s why it’s comforting to know that all our claims (yours included) are run under our No Win, No Fee, No Problems Guarantee.
Respiratory Compensation Claim Process Brisbane, QLD
If you are suffering from respiratory issues, the most important first step is to seek medical treatment and advice.
Due to the serious nature of some respiratory claims, it could be the case that you have already received medical treatment and advice which has linked the cause of your illness back to some form of exposure. This is often the case with asbestos and coal related illnesses, as they can take many years to present symptoms.
Once you have sought treatment, it’s important to seek legal advice from one of our expert respiratory claims lawyers.
The time frames affecting personal injury claims in Queensland are typically 3 years from date of accident. Thankfully that limitation period has been removed in Queensland for dust related claims. However it is important to receive timely advice to ensure all steps to ensure your right to claim can be taken.
If your exposure occurred at work, there are specific time periods relevant to the lodging of the statutory claim with the insurer.
If you are on WorkCover benefits, it’s important to note that these benefits will eventually cease and you may be made a one-off lump sum offer.
It’s vitally important that before you accept any offer from WorkCover, you discuss your claim with an expert lawyer. Once you accept a lump-sum offer from WorkCover, you will never be able to make a Common Law compensation claim for the same injury.
As mentioned, a number of respiratory claims that we assist with are for a loss of dependency, when you have lost a loved one due to their respiratory illness. When you are ready, this is something our lawyers can assist you with.
If you would like free, confidential advice about a respiratory claim, you can call and talk to one of our expert team today.
Calculating Respiratory Claims Compensation in Brisbane, QLD
The amount of compensation you will be entitled to claim will depend on the severity of your respiratory illness and how it impacts your life.
The compensation you receive essentially looks to recompense you for the losses you sustain as a result of your illness. Typically the components that make up your final compensation include: past and future loss of income and superannuation, past and future medical and pharmaceutical expenses, past and future care expenses, expenses relating to physical aids as well as an amount for pain and suffering.
Your expert respiratory lawyer will talk you through the different areas of compensation and what you may be entitled to, however they will be unable to give you an estimate of your possible compensation when you first speak.
To fully understand the compensation you will be entitled to, you will likely need to meet with a number of specialists who will provide reports on your illness and its impacts upon your life. This is a process that we will organise for you and is typical of any compensation claim – it helps us get you your best possible compensation.
Mobile Respiratory Claim Lawyers: We Come to You!
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-diagnosis. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane CBD or you and your lawyer can arrange an appointment at one of our many visited offices.
Common Questions about Respiratory Claims
If you have a diagnosed respiratory condition, connected to particular exposure, such as asbestos, coal or other workplace chemicals, substances or pollutants, you may be entitled to make a claim.
Once you have sought medical treatment and established a diagnosis, you can talk to one of our expert lawyers about your right to claim. When you speak with your lawyer, you can discuss the exposure and where/how you believe this occurred.
Compensation is allowed for direct expenses relating to your respiratory including; medical expenses, physiotherapy and or rehabilitation costs and associated treatment. Future medical expenses and treatment as well as care and assistance may also be included to continue the recovery process.
In addition, loss of wages, future loss of wages or impact on your ability to work may form a large part of the compensation claim.
Unfortunately, in the case of mesothelioma (an asbestos related cancer), the diagnosis is terminal. This means that we also assist families with loss of dependency claims.
Dependency claims look to compensate the dependants of the deceased for the financial loss of their loved one – typically this is related to the income, house repayments and other forms of monetary support.
We operate all our cases on our No win No fee No Problems guarantee.
For no charge, an expert respiratory claims lawyer will meet with you and answer all your questions. They will also discuss the merits of your claim and your legal rights to make a respiratory claim. If you proceed you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate, not a percentage of your damages.
Those fees are capped at 30% of your final compensation payout, to ensure you have peace of mind.
This is an impossible question to answer fairly at the beginning of your claim. The amount you finally receive will depend on a range of factors and the extent to which your illness impacts your life and working ability.
You can be assured that your lawyer will investigate every avenue for compensation to ensure you get your best possible result.
Where Do I Begin?
The first step is the identification of what type of respiratory condition you have. From this your doctor should be able to provide you information about your treatment plan, expected impact upon your health (and life) as well as, in mesothelioma cases, life expectancy.
These facts are important as they assist your lawyer in building your case and assessing your possible compensation.
The next step is to talk to one of our expert respiratory claims lawyers. They will discuss your potential claim and what the next steps are for you in your case.
This will be covered by your free case review and if we act for you, it will always be on our No Win, No Fee, No Problems Guarantee.
This is where your lawyer takes the reins and undertakes the steps necessary to get you your best possible compensation. They will investigate every possible angle to ensure you get what you need.
During this time you will likely have a number of specialist appointments, to establish the severity of your illness – this is one of the biggest factors in establishing your final compensation amount.