It’s often the things we overlook in our day-to-day activities that have the potential to cause us harm in the long run. One of those is asbestos, a substance that can be found in many ordinary materials. The term “asbestos” is a collective name for a group of natural fibrous minerals. These needlelike fibers could be inhaled. Once they enter the lungs (they are unlikely to be dissolved so they cannot be released out of the body through phlegm), they can damage lung tissue and result in diseases such as asbestosis or mesothelioma, a cancer of the lining of the lung.
Asbestos exposure is a serious problem in Australia. According to Asbestos.com, an advocacy center that supports victims of Asbestos exposure, Australia has the second-highest mesothelioma death rate in the world. The country had the highest per-capita rate of asbestos use in the world from the 1950s to 1970s. Asbestos exposure happened in the workplace as well as at home, where materials such as sheetings, floor tiles, roofing, and cement pipes were lined heavily with asbestos.
The most important thing to note about asbestos exposure is that it is preventable. Companies can be mindful of asbestos concentration in their products or materials. In some industries, companies are required to enact safety measures (such as making employees wear protective gear.) Companies in other industries should also pay attention to the materials being used to construct their office buildings, as the workplace can be exposed from cracks in walls or ceilings. Distributors of home construction products or businesses in the building and renovation industry should be transparent about what their products contain, especially if there are hazardous substances. Hence, when an individual develops an asbestos-related disease, this is likely due to some form of negligence on the part of the company they worked for or with. Read on to find out when to seek legal help for an asbestos exposure claim.
Should you hire a lawyer?
When you’ve had occupational asbestos exposure
According to the Australian Government Department of Health, most people who develop asbestos-related diseases are those who have worked in construction, mining, and other industries where asbestos concentration in the materials they use is high. Family members or friends of these workers can also be exposed to asbestos, as fibres can latch on to clothing or other items they carry.
If this description applies to you, you should file for a claim for asbestos exposure resulting from negligence of another party. According to the Asbestos Diseases Society of Australia, a negligence claim would require finding that the illness was caused by the other party’s failure to provide reasonable care. Most of the time, businesses deliberately ignore this concern in order to maximise profit and convenience — as heightening health and safety measures would mean higher monetary costs for them. Even if a considerable period of time has passed since you left the company, you are still entitled to a negligence claim.
When another party has put you at risk for asbestos in your home
In August 2019, a terminally ill South Australian man named Matthew Werfel was awarded a 3 million dollar payout, the largest amount ever awarded to an asbestos victim in Australia. He did renovations on his home unaware that the cement sheets he sanded contained asbestos. These sheets were manufactured by James Hardie, now Amaca. They were found to have failed to issue a public warning about the risk of asbestos exposure when using their products. If you’ve experienced similar cases, you should hire a lawyer and file a claim.
What type of lawyer should you hire?
If you wish to proceed with an asbestos exposure claim, hire a Mesothelioma lawyer. Lawyering for asbestos-related diseases requires specialised legal and medical knowledge, and the best mesothelioma lawyers have access to databases that contain relevant information that lawyers in other fields would otherwise not have. They would also have sufficient experience with similar cases.
Asbestos exposure prevention
Of course, prevention is still better than cure. The whole litigation process will not only be stressful for you mentally, emotionally, and even financially: it will also cause added stress on your recuperating body. Be mindful of asbestos exposure and spread the word about asbestos as well. Be proactive: protect your family from asbestos exposure by hiring a highly qualified asbestos removal company to remove asbestos from your home. AW Asbestos Removals can make your Melbourne home asbestos-free. We perform asbestos inspections, audits, and removals. Get your property checked now. Call us at AW Removals at 0488 121 214. Email us at info@awremovals.com.au. To request a free quote, fill out our online form here.