Month: November 2021

What Is Asbestosis?

Asbestosis is scarring of the inside of the lungs.  It occurs from breathing in asbestos dust.

There are different types of asbestos, some more toxic than others but all types of asbestos have been classified as cancer-producing.

When working with asbestos, fibres can be inhaled, the inhaled fibres get trapped in the lungs, eventually causing scarring and stiffening.

In some instances, exposure to asbestos can cause lung cancer or mesothelioma, a rare type of cancer.

The symptoms of asbestosis can occur 10-20 years after exposure and can include:

  • shortness of breath
  • crackling sounds when breathing
  • loss of appetite
  • dry cough
  • weight loss
  • swelling or ‘clubbing’ at the end of the fingers

Why Was Asbestos Used?

Asbestos is resistant to heat, fire and electricity and as such, was a commonly used product in building, construction and insulation, including use in fibro sheeting, drains, roofs and gutters.  Asbestos was also used in car parts including brake pads.  Asbestos was widely used in Australia from around 1940 to 1987.  It is now banned nation-wide.

Who Is At Risk?

  • Asbestos miners
  • Trades people who have worked with asbestos
  • Shipyard, wharf and power station workers
  • Workers at aluminium smelting plants
  • Relatives of asbestos workers who have come into contact with the asbestos eg:  when washing clothes
  • People who have conducted renovations of older homes containing asbestos

What Can I Do If Diagnosed With Asbestosis?

Compensation is able to be claimed in relation to asbestosis regardless of when the exposure to asbestos occurred.  Claims for damages as a result of asbestosis can include pain and suffering and loss of enjoyment of life, past and future medical expenses, past and future loss of income, care expenses including gardening and nursing care, and out of pocket expenses such as travel to appointments.

In the event that a partner or family member dies as a result of the condition, a family member may still be able to claim compensation for the financial consequences of their loved one’s death.

If you, or someone you know, requires assistance with a compensation claim for asbestosis, contact Fortitude Legal to see the difference that we are able to make for your claim.  We will fight for you, explain your claim in clear terms, progress your claim promptly and minimise any inconvenience caused by the claims process.

Call us for a free, no obligation chat.

At Fortitude Legal – WE’RE IN YOUR CORNER

 

As with anything in life, preparation is key to winning your personal injury claim.  With a well-honed, award winning team like Fortitude Legal, our years of litigation experience have taught us what to expect when it comes to getting you the best financial outcome in your claim and to anticipate and be prepared for the moves of the Defendant’s lawyers.

Whilst most cases are resolved before Court, it is necessary that your lawyer thoroughly prepares your claim as though it were to proceed, in order to have the ammunition to negotiate with the Defendant’s lawyers.  Your lawyers shouldn’t be talking with the Defendant’s lawyers until they are fully appraised of both the strengths and weaknesses in your case.

At Fortitude Legal, our preparation of your case is thorough and methodical.  We leave no stone unturned.

Whilst there are many intricacies in each step along the way, the framework to ensure your claim is in the best shape to maximise your compensation includes:

  1. Ensure your injury is properly reported and Claim lodged (where applicable)
  2. Seek all appropriate medical treatment so the full extent of your injury and its consequences are known
  3. Meet with our lawyers promptly whilst your recollection is clear and comprehensive instructions can be obtained
  4. Let us ease the burden and provide you with the confidence to make the right decisions about your claim at the right time
  5. We then investigate, obtain and preserve all evidence required to give you the best chance of success
  6. We will arrange for your injuries to be assessed by the appropriate specialists and obtain the opinions needed to support your various forms of damages/compensation
  7. In WorkCover and TAC matters we will also provide support along the way for any annoying decisions the insurers may make about your entitlements, whilst still progressing your common law claim
  8. We will then endeavour to negotiate the best possible result for you or, where that’s not possible, proceed to Court upon your instruction and take the battle to the Defendant
  9. Once your claim is finalised, we remain here for you.  We know that settlement of your common law claim does not always mean the end of your dealings when your claim is either a transport accident or WorkCover so we want to be there for you into the future.

Call us for a free no obligation chat.  Don’t muck about with your rights

At Fortitude Legal – WE’RE IN YOUR CORNER!

As a cyclist, you may have entitlements under the transport accident scheme if you were injured as a result of a collision that was directly caused by the driving of a vehicle (including cars, buses, motorcycles, trains and trams).

It is important to note however that you may be covered as a cyclist in a number of additional scenarios including:

NEAR MISS – if the driving of a vehicle directly caused a need for you to take evasive action to avoid a collision and you ultimately suffer injury;
CAR-DOORING – an incident involving a collision between you as a cyclist and an open or opening door of a vehicle;
TRAVELLING TO OR FROM WORK – an incident involving a collision between you as a cyclist and a motor vehicle while you were travelling to or from your place of employment (the vehicle can be a parked or stationary vehicle);
COLLISION WITH A STATIONARY VEHICLE – an accident involving you as a cyclist and a stationary vehicle for accidents on or after 9 July 2014.

Furthermore, following ‘test case’ litigation in which Fortitude Legal’s Tom Burgoyne acted for the injured cyclist, the law with regard to collisions with stationary vehicles has changed for the better for cyclists across Victoria.

On 7 June 2018 a Bill was introduced into Victoria’s Parliament https://www.premier.vic.gov.au/cyclists-and-all-victorians-to-benefit-from-tac-changes/ to amend the transport accident legislation such that a collision between a cyclist and a parked or stationary vehicle will constitute a “transport accident” and not be confined to a situation where a cyclist is riding to or from work. After passing both Houses of Victoria’s Parliament on 20 September 2018, the Bill received Royal Assent on 25 September 2018 such that changes commenced on 26 September 2018.  The amendment has retrospective effect to 9 July 2014 and any cyclists injured in collisions with parked or stationary vehicles from that date will also be covered. This is referred to as “Rory’s Law”.

As a cyclist, you may be interested to read Tom’s article professionally published in the Law Institute Journal which called for a change to the law after Tom ran Rory’s test case https://www.liv.asn.au/Staying-Informed/LIJ/LIJ/Jan-Feb-2018/Cyclists-beware

The scheme surrounding transport accidents and your entitlements is complex and there are strict time limits that apply.  It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.

We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.

If you have a query, please do not hesitate to contact our expert Transport Accident Team for a no obligation chat..