A nationwide ban on the use of all forms of asbestos came into effect in Australia on 31 December 2003. However, the ban did not cover asbestos materials or products that were already in use at the time the ban was introduced.
On reflection of the ban, the National Occupational Health and Safety Commission (NOHSC) promoted a consistent approach to the control of exposure to workplace asbestos. They also introduced best practice health and safety measures for all aspects of asbestos management, control and removal.
In Australia, more than 3,000 people per year die of asbestos disease, which is why you may have read about the myriad of asbestos related claims filed by legal teams.
Mesothelioma
Australia has the second highest rate of mesothelioma deaths in the world. Mesothelioma is a rare cancer caused by exposure to asbestos. People at highest risk due to asbestos exposure are those who worked in plumbing, electrical engineering, shipbuilding and asbestos mining and manufacture, particularly construction workers and carpenters.
A study of 600 mesothelioma patients in the UK and Australia revealed that 1 in 10 retired carpenters born prior to 1950 would die of asbestos-related cancer. Despite the ban, there is still a risk posed by asbestos when renovating or demolishing old buildings.
The Law
For families of those who have died due to asbestos-related cancer, the Fatal Accidents Amendment Act of 2008 grants compensation to victims and their surviving families. The amount of damages awarded are for pain, suffering and loss of enjoyment of life.
Several other laws have been passed which help people who have been affected by asbestos to receive compensation and justice. One such law is the Bernie Banton Law, named after a deceased mesothelioma sufferer who campaigned tirelessly for a change in legislation. Under this law, individuals who are diagnosed with asbestos-related cancers can seek more compensation at a later date if their health should deteriorate and become mesothelioma.
The Wrongs Act was passed in 1958 and allowed individuals to claim full compensation if they had experienced loss of earnings due to illness caused by exposure to asbestos at work. The act was amended in 2006 to cover individuals who developed asbestos-related illnesses due to contact with asbestos from a secondary source or from the environment.
Other issues you need to be aware of if considering an asbestos claim are those of causation and foreseeability.
Causation is where the plaintiff can prove that the development of any asbestos-related disease was caused by being exposed to the substance due to negligence.
Foreseeability: the defendant “may not be liable for a disease or injury caused to a person unless the disease was ‘foreseeable’ in the event that a duty was breached.” This law can be particularly relevant in cases of second-hand or low level exposure. For example, people who did not come into contact with asbestos on the job but were exposed to it from another person. A specialist lawyer should always be consulted to help gain clarity on any matter surrounding this subject.
If you have suffered any kind of asbestos related illness, it is always worth investigating if you have a claim for compensation.
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to Turner Freeman Lawyers directly.