Occupational
Diseases

Sometimes the risk of developing an occupational disease isn’t known until much later. For example, it wasn’t until decades later that experts discovered the severe dangers of asbestos exposure.

When the risks are known, manufacturers, suppliers, and employers have the legal duty to control and limit the risk of anyone using or working with hazardous and carcinogenic materials.

Proving your claim depends on your ability to prove negligence on the part of the manufacturer, supplier, or your employer. If any of these entities knew the risks and failed to disclose them, they are liable for your condition.

An industrial disease might result in temporary or long term impairment. The type and severity of the disease will determine your medical costs and what types of compensation you might be entitled to. You might have the right to total and permanent disablement, personal incapacity claims, income protection, or Incolink.

The laws for WorkCover and for filing occupational disease claims differ in Queensland from other areas. You have only six months from the time you are diagnosed to lodge a claim. In Queensland, once a claim is made, it is allocated to a WorkCover Queensland claims representative. Once a decision is made, WorkCover will inform both the employee and the employer. Most decisions are made within 20 days.

Victorian legislation currently lists 25 diseases as “Proclaimed Diseases”. Those diseases listed are automatically considered to be due to the nature of a worker’s employment. They have known associations with specific locations, processes, or occupations. Queensland does not have a list of these designated diseases. That means you and your lawyer must prove that the conditions of your employment led to your disease, as the connection is not assumed.

When the employer challenges your claim, you need an experienced occupational disease lawyer who knows Queensland law to represent your rights.
Some Queensland employers manage their own workers’ compensation claims. If your employer is self-insured, the process for filing a claim is different. If you can prove your employer was negligent, you may also be able to sue them and claim damages

A great deal of time often passes between the initial exposure to the material or the conditions that lead to an occupational disease. You might not experience symptoms for decades after exposure to some carcinogenic or otherwise hazardous substances. These circumstances make it more challenging to prove that the exposure to the substance in your workplace caused your condition.

The first step is to obtain a diagnosis for your condition, as the doctor or medical professional will be able to shed more light on the root causes of the ailment.

Talking with occupational disease lawyers familiar with the related laws in Queensland will help you understand your rights.

You can receive compensation even if you knew the risks beforehand. You have the legal right to compensation from WorkCover even if the condition resulted from your actions or those of your employer. If your employer’s negligence caused your disease or contributed to a pre-existing condition, our lawyers can help you get compensation in excess of that provided by WorkCover.

More serious conditions can result in ongoing medical treatment or even death. Respiratory conditions and work-related cancers are some of the most serious types of industrial diseases. You aren’t the only one that your condition affects. If you can no longer earn an income and you have a family depending on you, compensation for your work-related disease might be your only resource. Don’t leave your claim to chance.

The WorkCover Authority takes care of most worker compensation claims for injured employees. However, there are also limits on how much they will pay for any injury. Occupation diseases are often serious, debilitating, and expensive to treat.

The claims process is also complex. Trying to handle your claim while undergoing treatment can be even more challenging. You have time limits and stringent requirements that can impact whether your claim is accepted or denied.

When it’s time to make a claim, you need a clear plan for what you will claim. Zaparas Lawyers can help you understand your rights. We will tell you the types of compensation you can claim and what you need to get your claim approved.

If you sue your employer for negligence, your lawyer will explain what is needed to prove this negligence. You could receive a lump sum payment to cover your future lost earnings, as well as compensation for your pain and suffering.

The Zaparas Lawyers occupational disease team will pursue the level of benefits you need and deserve. There is never any risk with our No Win, No Fee* policy. This means that in the unlikely event that we don’t succeed in securing compensation for you, we will not charge you for any of our professional fees.

Contact us today to learn more about filing an occupational

It is most beneficial that you bring all relevant documentation you have, such as completed claim forms, letters from the Insurer and your employer, medical reports, radiological investigations and any other documents that may be relevant.

We know how hard it can be to navigate the legal process, but it can be even harder when English is your second language. That’s why we employ a diverse group of people who speak over 30 different languages to make the process as smooth as it possibly can be.

If we don’t have a lawyer who can speak your language, we also have access to a wide network of professional interpreters, meaning we’re here to help you every step of the way in a language that you understand.

When an injury is sustained, it is not only a traumatic and often life changing experience, it often causes great financial strain to the injured party and their family.

This is why Zaparas Lawyers operates on a No Win, No Fee* basis. This means that in the unlikely event that we don’t succeed in securing compensation for you, we will not charge you for any of our professional fees.

You may also be entitled to other claims such as:

• Total and permanent disablement or permanent incapacity claims within your Superannuation Scheme;
• Income protection claim; and
• Incolink.

These schemes are dependant on your unique policy and they all hold various and specific requirements that need to be satisfied.

At Zaparas Lawyers, we have a dedicated Superannuation department who will be able to assist in exploring all your potential rights and entitlements.