Asbestos Solicitors & Occupational Disease Compensation

The asbestos solicitors at Swanwick Murray Roche support cases involving asbestos exposure across Rockhampton and throughout Queensland.

Asbestos-related disease claims

Exposure to dangerously high levels of dust, such as asbestos, coal dust, and silica continues to be a concerning health issue to those working in construction, mining, demolition, and other heavy industries where dust control measures may be inadequate or outdated. Exposure can lead to a range of serious health problems, which may be fatal. Asbestos disease compensation law is a key service we provide, supporting individuals and businesses affected by unsafe working conditions and long-term dust exposure.

What possible diseases come with exposure to asbestos dust?

Commonly known diseases that can arise from exposure to occupational dust include the following:

Possible asbestos diseases

Mesothelioma

  • Mesothelioma is an aggressive form of cancer that commonly affects the lining of the lungs and chest wall.
  • It can also affect the lining of the abdomen and the sac surrounding the heart.
  • Signs of mesothelioma can range from a shortness of breath due to fluid around the lungs to exhaustion, chest pain and excessive weight loss.
  • Around 80% of mesothelioma is caused by exposure to asbestos.

Asbestosis

  • Asbestosis is one of the most common asbestos diseases in today’s society. It is a long term scarring and inflammation of the lungs due to asbestos inhalation.
  • Symptoms may include shortness of breath, coughing, wheezing and chest pain. Complications from this exposure can lead to lung cancer and pulmonary health disease.
  • Those at risk are those involved in occupations where asbestos was present, including the construction, demolition, automotive, boiler making and power station industries where there was a prolonged exposure to asbestos dust.

Asbestos-Related Pleural Disease

  • A general term that refers to conditions affecting the pleura (the lining around the lungs) due to asbestos exposure.
  • Includes pleural plaques, pleural thickening, and pleural effusion.
  • It’s often non-cancerous but can still cause breathing difficulties or discomfort, resulting in high medical expenses.
  • It can be a precursor to more serious diseases in some cases.

Silicosis

  • Silicosis is a form of lung disease that is commonly developed in the workplace. It is caused by inhalation of crystalline silica dust and has become an occupational hazard in the areas such as mining, stone cutting, sand blasting and fibreglass manufacture.
  • Like most lung diseases the symptoms include shortness of breath, fatigue, chest pain and fever. The condition may also include distinct symptoms in the form of gradual darkening of the skin to a shade of blue.

Scleroderma 

  • Scleroderma is a group of auto immune diseases that can be localised to the skin or involve other internal organs along with the skin. These diseases may include change in skin, blood vessels, muscles and internal organs.
  • Symptoms may include but are not limited to thickened skin, exhaustion and stiffness and extremely poor circulation in the fingers and toes.
  • Coal Workers Pneumoconiosis or CWP is a condition caused by the accumulation of coal dust in coal workers lungs.  The condition develops typically over a period of time.
  • Depending on the level of exposure or profusion the condition may be stable if detected at an early stage or can possibly be progressive.
  • A stable condition typically is treated with removal from the mining industry.
  • A progressive condition is much more serious and typically results in ongoing increasing disability and eventually death.

The Process: Handling your asbestos compensation claims

Our asbestos solicitors can help you understand your rights and entitlements. When we undertake your case, whether you’ve been directly exposed to asbestos fibres or affected through secondary exposure, we’ll guide you through each step of the asbestos claims process with clarity and care.

Step 1: Get in touch – Share your experience with us. We are here to listen and support you from the start.

Step 2: First consultation is free – We’ll arrange a time to meet, hear your story, and note the important details to provide early legal guidance.

Step 3: Case preparation – We’ll help you collect the documents and information needed to support your claim in the legal process.

Step 4: Handling negotiations – Our team will take care of all communications with the insurer to work towards the best possible outcome for you.

Step 5: Finalising your claim – Once the settlement is received, we’ll arrange for prompt payment to you without delay

No win, no fee compensation law services

We offer no win, no fee compensation claim work. This means that if we take your case on and it isn’t successful, you won’t have to pay our legal fees. 

We understand that if you are involved in an accident or are injured, there will be many overwhelming things for you to think about; medical expenses, claim compensations, and stress related to your health. As part of our service, we can alleviate this stress by coming to you. Our asbestos compensation lawyers will make every part of the usually stressful compensation process easy. 


To know if you are eligible to gain support from our expert asbestos lawyers, try out our free claim check. 

Frequently asked questions

I have a smoking history, will this affect my ability to make a claim?

Although a the smoking history is highly relevant in the determination of these claims, it is not a matter that disqualifies a person from making a claim.

Time limits vary under different State and Federal laws. It is important that you report your injury to your work and workers’ compensation insurer as soon as possible. There has been a recent relaxing of the limitation dates in Queensland in regard to Dust related conditions. However a claim should be progressed quickly due to the uncertain nature of these diseases and you should contact a Lawyer quickly.

The amount of work your case takes will determine its cost. If your claim is successful your legal fees will come out of your compensation. However, you will always be awarded the majority of the damages.

How long the claim takes depends on a few things. For example, how complex your particular situation is.   These cases typically involve undertaking research into your entire work history and obtaining records over many decades.

Once a Lawyer has an understanding they will be able to give a better idea of the timeframes involved in the matter.

Yes. It is up to you to prove the incident happened. There are different ways that you can prove the incident occurred and we will be able to help you go through these different options with you.

Typically the first port of call is proving the timing of the exposure, which is typically done by pay records, group certificates, training records and attendance records.  From that point, a process of disclosure is undertaken with the occupier and any relevant statutory authority to show the presence of the claimed toxic material.

X-ray investigations are also vital in showing the presence or progression of the disease.

There are laws in place to ensure you are not sacked because you have made a workers’ compensation claim. However, if you are no longer able to do your job because of illness or injury, it is likely your employer will not be in a position to keep you in the job in any event.  In some circumstances, continuation in your employment is contraindicated in the event that you cannot be provided a low dust environment.

To make a successful claim, you should do the following:-

  1. Report your injury to your employer immediately;
  2. Visit a qualified medical practitioner as soon as possible;
  3. Provide them with a full description of what occurred to you and the injuries you have suffered as a result. You will need medical evidence to show that your injury is work related;
  4. Lodge a claim with your employer’s insurer.

It is best to seek legal advice before completing these steps as the process is a difficult and technical one.

The vast majority of claims are settled before going to trial. In some matters, there is no alternative to court however, this is only on very rare occasions.

If a member of your family has died as a result of Dust exposure  you may be entitled to claim damages under WorkCover.

If you’ve been diagnosed with an asbestos-related illness, you may be entitled to statutory benefits or lump sum compensation, depending on your circumstances. Generally speaking, most claims are resolved without court proceedings, but more complex cases may require legal intervention. Our dedicated asbestos lawyers have experience handling claims involving dust diseases, and we’re here to offer expert advice every step of the way.

If you aren’t awarded any compensation you won’t have to pay any of your legal fees however, you may have to cover the legal costs of the person or company which you made the claim against.

Yes you can. If you have taken out income protection as part of your superannuation policy. Also if you are forced out of your trade or job due to your injury you may be entitled to a superannuation lump sum. You are not able to obtain these payments while you are receiving wages through a statutory claim at WorkCover.

No the claim is made through an insurance company and they are responsible for the payment of the damages.  Like any insurance policy the employer premium may rise as a result of the claim but they are not responsible/liable for the damages paid to you.

To access your compensation entitlements, you’ll need to provide supporting medical records and evidence of when and where your exposure occurred. Claims are subject to strict time limits, so it’s important to act promptly. Whether you’re dealing with a general asbestos-related condition or a specific diagnosis like peritoneal mesothelioma, our expert lawyers can guide you through the process. We have extensive experience handling cases involving lung tissue damage caused by asbestos, a natural mineral fibre known to pose serious health risks. You may also be able to recover the cost of medical treatment and out-of-pocket expenses incurred due to your illness.

Resources & Quick Links

Check out our compensation resources for some of our recent legal updates and compensation resources that you might find useful. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.

Quick links for our most common compensation links:

Road Accident Injuries | Work Related Accidents | Public Liability | Superannuation & Total Permanent Disability