What to expect when making an asbestos claim

Understanding your options after an asbestos diagnosis

Receiving a diagnosis of an asbestos-related disease can come as a shock. Whether it’s mesothelioma, asbestosis, lung cancer, or a pleural condition, it’s natural to feel overwhelmed.

What many people don’t realise is that the legal process for an asbestos claim is well-established, structured and, in many cases, faster than expected, especially for people with a serious or terminal illness.

Specialist asbestos lawyers handle these claims on a No Win, No Fee basis, so cost doesn’t need to be a barrier to getting support.

What is an asbestos claim, and who can make one?

An asbestos compensation claim is a legal action brought by someone diagnosed with an asbestos-related disease caused by exposure to asbestos.

These diseases, including mesothelioma, asbestosis, lung cancer, and pleural disease, often take between 10 and 60 years to develop.

Many claims come from people who worked in trades such as building, plumbing, electrical work or mechanics. But you may also be eligible if you experienced secondary exposure, for example, through a family member’s work clothes. In some cases, families can bring a claim on behalf of someone who has passed away.

Even if your exposure happened decades ago or your employer no longer exists, you may still have a valid claim.

The asbestos claims process

Get legal advice early

Getting advice as soon as possible after diagnosis is one of the most important steps you can take. Time limits apply, and while courts do have some flexibility in dust disease matters, delays can put your rights at risk.

An initial consultation is obligation-free. It can take place at home, in hospital, or wherever you feel most comfortable.

Confirm your diagnosis

Medical evidence is central to any claim. Your legal team will work with specialist doctors to gather records and reports confirming your diagnosis and its link to asbestos exposure.

This may include CT scans, chest X-rays, lung function tests and, where relevant, biopsy results. Strong medical evidence plays a key role in the outcome of your claim.

Investigate asbestos exposure

Your lawyers will help build a clear picture of when and where you were exposed. This includes identifying employers, worksites, and asbestos-containing products, as well as gathering employment records and witness statements.

If you’re unsure about details, you’re not alone. Experienced asbestos lawyers know what to look for and will guide the investigation for you.

Lodge the claim

Once the evidence is prepared, your lawyers will lodge your claim with the appropriate court or tribunal, for example, the Dust Diseases Tribunal in New South Wales.

From there, the defendants, usually employers or manufacturers, will respond. Your legal team manages the process so you can focus on your health.

Fast-track urgent claims

For people diagnosed with mesothelioma or another terminal condition, courts can fast-track claims. This means cases may progress in weeks rather than months, so that compensation is received as soon as possible.

This is a well-established part of the Australian system, and another reason why early advice matters.

Negotiation and settlement

Most asbestos claims are resolved through negotiation before reaching a court hearing. Your lawyers will work to secure the best possible outcome. Compensation can cover:

• medical and treatment costs
• loss of income
• travel expenses
• pain and suffering
• future care and support needs

Court, if needed

Only a small number of claims proceed to court. If this happens, your legal team will prepare your case and support you throughout.

While court can feel daunting, you won’t be expected to manage it on your own.

How long does an asbestos claim take?

Timeframes vary depending on the complexity of the case and the diagnosis.

Fast-tracked claims, particularly for terminal illness, can be resolved within weeks. Standard claims are often finalised within four to twelve months.

Factors that may affect timing include the complexity of exposure history, the number of defendants, and how quickly evidence is gathered.

Types of asbestos compensation claims

Common law claims

Based on negligence, these typically provide the highest compensation. They require proof that an employer or manufacturer failed in their duty of care.

Workers’ compensation claims

Available where exposure occurred at work. These can cover medical costs and lost income and may sometimes run alongside a common law claim.

Dependency claims

If someone has passed away, their family may be able to claim compensation for financial loss and support.

What if your employer no longer exists?

This is a common concern, but it doesn’t prevent you from making a claim.

Even if a company has closed or changed structure, claims can often be pursued through insurers or successor entities. An experienced legal team will investigate this for you.

What evidence is needed?

Key evidence includes:

• medical records and specialist reports
• employment history and records
• witness statements
• expert evidence linking your illness to asbestos exposure

You don’t need to have everything ready before seeking advice. Your lawyers will help gather what’s needed.