Industrial Disease Compensation Claims

If you’ve developed an industrial illness or injury at work then you may be able to claim industrial disease compensation through an industrial disease claim.

At LHD Lawyers, we have an expert team and proven track record in helping our clients claim compensation for work-related accidents, illnesses and injuries that have been caused by negligence on the part of their employer.

You are required to report the injury to your employer. The claim should be lodged as soon as possible once the injury is identified. You can make a claim up to three years from the date you knew that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition.

As you will be seeing a doctor or multiple physicians who will be able to provide you with your certificate of capacity, which takes the place of a typical medical certificate.

Claiming against an employer can be a stressful and complicated prospect, so we aim to make the process as simple as possible for you – even if you’re making an industrial disease claim after death.

You are required to report the injury to your employer. The claim should be lodged as soon as possible once the injury is identified. You can make a claim up to three years from the date you knew that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition.

The amount of compensation you can expect to receive for an industrial disease claim depends on your case. When calculating your compensation, our industrial disease lawyers will take into consideration the severity of your condition and the impact it has had on your lifestyle, as well as any costs incurred since your diagnosis.

However, there are generally four different types of claim or benefits you may be eligible to receive;

• weekly payments,
• reasonable medical and like expenses,
• impairment benefit for permanent injury (also referred to as ‘lump sum compensation’), and
• sue for further compensation (referred to as a ‘common law claim’) – this can include compensation for ‘pain and suffering’ as well as loss of earnings

You are also entitled to claim for travel expenses to appointments for medical treatment (for example, to see your General Practitioner (GP), surgeon, or physiotherapist) and other medical examinations.

Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation with one of our expert industrial disease lawyers to discuss your position and the effects your workplace negligence has had.

An occupational or industrial disease is an illness caused by work, or any pre-existing diseases that were aggravated due to work commitments. An industrial disease claim comes under your workers compensation insurance.

Occupational and industrial diseases can include:

• Black lung, and coal worker’s pneumoconiosis
• Occupational melanoma
• Hearing damage, such as acoustic shock, tinnitus, industrial deafness, and noise-induced hearing loss
• Respiratory problems, such as occupational asthma or silicosis
• Repetitive strain injuries, such as bursitis, carpal tunnel syndrome, and ulnar neuropathy
• Chemical poisoning, which can cause issues such as dermatitis
• Osteoarthritis

However, this is not an exhaustive list.

If you have been diagnosed with an occupational disease owing to your employer’s neglect, you may be able to claim compensation. Symptoms of an industrial disease can develop during employment or up to 40 years later.

At LHD Lawyers, our experienced team are experts in their fields and have helped thousands of Australians settle their compensation claims and get their lives back. We make it a point to get to know you personally, so we can truly understand your situation and help you to always choose the path that is going to have the most positive outcome.

Our experts will help you every step of the way to ensure you obtain the compensation entitlements you deserve. In the last ten years, LHD has grown from a Sydney law firm with approximately 17 staff, to a firm that now comprises 23 offices across Australia.

Industrial disease claims can be more complex than others. It can take time to investigate your working history, especially if you were first exposed to hazardous substances or poor working practice a long time ago. Enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time.

Call us on 1800 455 725 to discuss our ‘No Win No Fee’ policy and arrange a free consultation with one of our expert industrial disease lawyers to discuss your position and the effects your workplace negligence has had.