Asbestosis is a serious, long-term lung condition caused by asbestos exposure. You may have spent years working in construction, demolition, shipbuilding, or another trade, unaware that asbestos fibres in the air were putting your health at risk.
Along with the health impact, you might be asking: Do I have a claim? What compensation is available? Is it too late to take legal action?
Carbone Lawyers have helped thousands of Victorians affected by workplace exposure to asbestos secure the compensation they deserve. With decades of experience and a client-first approach, we’re here to explain your options, clearly and thoroughly.
What is Asbestosis?
Asbestosis is a chronic, non-cancerous lung disease caused by prolonged exposure to asbestos fibres. When inhaled, these fibres embed themselves in the lungs, causing inflammation and scarring (fibrosis) that makes it harder to breathe. It’s often confused with other asbestos-related conditions, such as:
- Mesothelioma – a rare, aggressive cancer caused by asbestos
- Pleural plaques – non-cancerous thickening of the lung lining
- Lung cancer – which may also be linked to asbestos
Many workers don’t realise they’ve been affected until long after leaving the job. That’s why understanding your legal rights is essential, even if your exposure happened decades ago.
Who can claim for asbestosis compensation?
If you’ve developed asbestosis as a result of workplace exposure, you may be entitled to compensation under Victorian law. Eligibility includes:
- Employees in construction, manufacturing, demolition, or maintenance
- Subcontractors and tradespeople exposed to asbestos-containing materials
- Self-employed workers under certain conditions
- Family members affected by secondary exposure (e.g. washing contaminated clothes)
- Public exposure from asbestos in schools, hospitals, or public housing built before 1990
Importantly, your employer does not need to still be in business. Compensation may still be available through insurers or government schemes.
Even if you’re unsure when or how the exposure happened, Carbone Lawyers can help investigate your work history and build your case.
Common asbestos exposure settings in Victoria
Asbestos was widely used in Victorian worksites until the early 2000s. It was used for its insulation and fireproofing properties, but we now know it came at a cost to workers’ health.
Primary exposure sources:
- Cutting or handling asbestos sheeting on construction sites
- Shipbuilding yards, power stations, and factories
- Installing or removing insulation in homes and commercial buildings
- Demolition or renovation of structures built before 1990
Secondary exposure sources:
- Family members handling dusty, contaminated work clothing
- Living in homes where asbestos was disturbed during renovations
- Public institutions like schools and hospitals with ageing asbestos materials
These exposures were often invisible at the time, and the health risks only became known years later. If this sounds familiar, it may be time to seek legal advice.
What compensation can you claim?
Victorians diagnosed with asbestosis may be entitled to various forms of compensation. The options typically fall under WorkCover, common law damages, and in some cases, superannuation or insurance payouts. WorkCover statutory benefits may include:
- Weekly payments: Up to 95% of your pre-injury wage for the first 13 weeks, then 80% thereafter
- Medical and treatment costs: GP visits, specialist care, hospital bills
- Rehabilitation and home support: Equipment, transport, or home modifications
- Lump sum payment: For permanent impairment if thresholds are met
Learn more about WorkCover and Workers’ Compensation.
Suing for damages under common law
If your employer failed to take reasonable steps to protect you, you may be able to pursue a common law claim. This can be made in addition to, or separate from, your WorkCover benefits. To be eligible, you must:
- Be assessed as having a serious injury
- Show that your employer was at fault, or partially at fault, for the exposure
Damages may include:
- Pain and suffering
- Loss of past and future earnings
- Loss of superannuation contributions
We can help handle the process, from evidence gathering to negotiation, and most claims settle without needing to go to court.
Legal timelines
Even if your exposure happened 30 or 40 years ago, you should contact us as soon as your illness is diagnosed. Acting early protects your right to claim and strengthens your case.
Can you claim through superannuation or insurance?
Yes. If your condition prevents you from working, you may be eligible for financial support through your superannuation fund or a private insurance policy. This may include:
- TPD (Total and Permanent Disability) lump sum benefits
- Income protection if you had cover in place
- Early release of super on medical grounds
Explore your Super & TPD options. Carbone Lawyers regularly assist clients in navigating these entitlements alongside WorkCover or legal claims.
What if your employer is no longer around?
You can still make a claim. Many clients worry that because their employer closed, was absorbed into another company, or no longer exists, they’ve lost their legal rights. That’s not the case. We can help identify:
- Historic employers and insurers
- Historic sites and buildings
- State-funded compensation pathways
- Relevant records to support your claim
Why choose Carbone Lawyers
We’ve been representing workers injured through no fault of their own for decades. Asbestos-related illnesses are one of the most complex areas of personal injury law, and one we take seriously.
- Decades of experience handling asbestos, WorkCover, and common law claims
- Clear, compassionate advice every step of the way
- No Win, No Fee on most personal injury cases
- Proven results and a reputation built on outcomes
Take the next step today
We’re here to help you get what you deserve, no confusion, no hidden costs.
- See your GP or specialist and get a written diagnosis
- Start compiling your employment history and details of any exposure
Contact Carbone Lawyers for a free, confidential consultation
