Asbestos Related Pleural Disease (APRD) and Asbestosis Compensation

Have you been diagnosed with an asbestos related pleural disease? Need legal advice?

You may be enttitled to asbestosis compensation.

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APRD

What is Asbestos Related Pleural Disease?

Asbestos Related Pleural Disease (APRD), also known as Pleural thickening is extensive thickening of the outside surface of the lung to the extent that it compromises the ability of the lung to expand limiting respiratory capacity.  It can be extremely debilitating and progressive, sometimes requiring oxygen.

It can manifest itself in the form of shortness of breath and fluid retention.  ARPD is usually a benign condition and compensable.

What causes ARPD?

In most cases it is caused by exposure to asbestos.  Invariably the exposure may have occurred many years earlier, making it difficult to recollect precisely in what employment or circumstance the exposure occurred.

ARPD Compensation

Statutory and common law entitlement arising from a diagnosis of ARPD, change depending on which State the exposure occurred.  It is advisable to see a lawyer as soon as you are diagnosed with asbestos related pleural disease to discuss your potential entitlements to any claim.  You should be aware that you need to commence your claim within your lifetime to protect your rights to full compensation.

Who can I sue for compensation?

To ensure that your rights are protected and you are given proper advice, you should contact a lawyer will discuss your potential exposure.  An expert lawyer will then advise whether to sue, who to sue, where to sue and whether to claim full and final damages or provisional.

ASBESTOSIS

What is asbestosis?

Asbestosis is interstitial fibrosis, or scarring of the lung caused by exposure to asbestos.  At first, such fibrosis is usually contained in the lower sections of the lungs, although the upper lobes can be affected as the disease progresses. There is often a significant time lag between the asbestos exposure and the development of symptoms. In some cases, this can be up to 40 years.  The disease is diagnosed by a noted history of asbestos exposure, physical examination, radiological signs such as honeycombing, lung function restriction and clinical signs such as; audible crackling sounds in the lower lung, features of asbestos related pleural disease and often pleural plaques. Sufferers often notice a shortness of breath which increases as the disease progresses.

What causes asbestosis?

Asbestosis is usually caused by a significant occupational exposure to asbestos. Asbestos fibres lodge in the lung and cause scarring and eventual disability. Sufferers of asbestosis typically have worked with asbestos and had heavy exposure to asbestos or products that contain asbestos, such as AC sheet, some types of insulation, pipes and other construction products.

Asbestosis compensation

Asbestosis is a compensable injury in all Australian states, therefore, once you are diagnosed, you should see a lawyer to investigate bringing a claim. While many people believe you need to have pleural plaques as evidence of asbestosis, this is not the case. Similarly, even if you have been a smoker or have other lung problems, you can still bring a claim in respect of your asbestosis. The amount of compensation you receive will depend on the severity of the symptoms caused by the asbestosis.

STATUTE OF LIMITATIONS

In most Australian states, there are strict time limits for when you can bring a claim in relation to personal injuries. These vary from state to state, but in general, your time for bringing a claim starts to run from the date you are diagnosed. It is a good idea to see a lawyer as soon as possible after diagnosis, who will provide further advice about when and how to commence a claim.

WHO CAN I SUE FOR COMPENSATION?

To ensure that your rights are protected we recommend you contact a lawyer who will take a life and employment history of all of your potential exposures to asbestos in your lifetime. Very often if you worked with asbestos your previous employer may have gone out of business. This may not preclude you from starting a claim for your compensable injury of asbestosis. Depending on your own personal history your lawyer will issue your claim against you former employer or the manufacturer of the asbestos products you used or of the occupier or body responsible for ensuring your safety in the workplace. The whole process should be complete within 12 to 18 months.

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