Noel’s story: the hidden cost of keeping Victoria’s lights on

Sitting in his doctor’s office, Noel Deacon looked at the X-ray scans of his chest and noticed unusual white shapes – almost like stripes – across the empty black space showing his lungs. Confused, he asked his doctor what they meant.

“That is a sleeping tiger,” the doctor replied. “It can break out at any time.”  

It was the early 2000s when Noel’s medical team discovered pleural plaques on his lungs during an unrelated medical investigation. Appearing as distinctive, thickened white areas on the lungs, pleural plaques are a tell-tale sign of asbestos exposure. While Noel had no symptoms at the time, his doctor told him they would need to monitor his condition in case he later developed asbestosis, lung cancer or mesothelioma. 

It can take decades for asbestos-related diseases to show symptoms. By August 2022, Noel noticed his breathing was becoming more difficult and he had developed an unshakeable cough. He was subsequently diagnosed with asbestosis. 

Noel was unsure when he had been exposed to asbestos, but as he unravelled his extensive work history, which included jobs as a butcher and plasterer, it became clear that the exposure most likely occurred during his time working with Gas & Fuel Corporation of Victoria (G&FCV), one of Victoria’s most important public utilities from 1951 to 1991. 

Noel was one of thousands of workers exposed to asbestos while working hard to ensure the state had the energy it needed to power homes, businesses and communities.

Boxes of asbestos buried underground

It was 1978 and Noel was in his early 30s with a young family to provide for. He’d heard through a friend about a job opening with the leakage survey section of G&FCV and successfully applied for the role. When the utility company was notified of a potential gas leak, Noel and his colleagues would be dispatched to pinpoint the source of the leak.

To do this, he’d remove the lids of underground telecom pit boxes to inspect the wiring and pipes inside. While some pits were small, other pits were large enough for one or two people to stand inside. Because these boxes contained electrical equipment that could spark a fire, the pits, lids and pipes were lagged with asbestos, a commonly used fire-resistant material at the time. Noel remembers climbing into the pits and brushing up against the pipes and wiring with his body. In regional areas like Ballarat, Ocean Grove and Geelong, the pits were old and showed signs of decay.

“When we touched the cables and pipes, we’d disturb the dust and it would start floating around in the air,” recalls Noel. He’d emerge from the pit with his shirt and overalls covered in dust. 

Noel didn’t worry about the dust because he didn’t know asbestos was harmful, but the truth is that the dangers of asbestos in large quantities had been known since the 1930s. G&FCV had been too slow to protect its employees or provide them with suitable protective equipment, such as face masks or disposable overalls. 

Finding support

Soon after his first symptoms appeared in 2022, Noel’s son encouraged him to make a claim for compensation. Thinking he didn’t have much to lose, Noel reached out to Maurice Blackburn Lawyers, who offer a ‘No Win, No Fee’ policy for asbestos and dust-diseases claims. 

“I had a few doubts along the way. I didn’t know whether my condition was bad enough or whether my lawyers could prove how I was exposed to asbestos, but I’m glad I did it,” says Noel. 

To make things more comfortable for Noel, Ross Sottile, a specialist asbestos lawyer at Maurice Blackburn Lawyers, attended Noel’s home in Croydon and immediately worked to fast-track his claim. Within 18 months Ross had successfully resolved Noel’s claim. 

“So many clients like Noel tend to play down the seriousness of their condition and think they can’t make a claim,” says Ross. “But the truth is that asbestos-related diseases can be life-threatening. Noel will have medical needs in the future, and claiming compensation will help ensure he is comfortable.” 

Why early advice matters

Asbestos-related diseases can take anywhere from 15 to 50 years to develop from the date of exposure. Symptoms often become apparent when victims are retired and may initially be dismissed as the normal effects of ageing.

If you’ve been diagnosed with an asbestos-related condition, it’s important to speak to a specialist lawyer as soon as you can.

We offer free initial consultations where we can advise you on your potential rights and entitlements to compensation. There’s no obligation to go ahead after this consult, but if you decide you want to pursue a claim then we’ll represent you on a No Win, No Fee basis.

If you have not been diagnosed with an asbestos-related condition but have been exposed to asbestos in any occupational or domestic exposure, register your exposure with the National Dust Register.