Exposure to chemicals resulting in health damage compensation

The Workers Compensation Lawyer  

I am an apprentice Council Worker and work in the paints department. For the past ten months my asthma has started to worsen due to the paint fumes. Am I able to make a workers compensation claim against my employee, even if I had asthma before starting the job, but not as bad? Do I also need to get medical reports, and will it cost me? 

Yes, you are able to make a claim for workers compensation against your employer.

Section 4 of the Workers Compensation Act 1987 (“the Act”) states that a personal injury arising out of or in the course of your employment will include the aggravation, acceleration, exacerbation or deterioration of any disease where your employment was a contributing factor to this aggravation, acceleration, exacerbation or deterioration.

This means that even though you already suffered from asthma prior to your employment, your exposure to paint fumes has exacerbated your asthma and you are able to receive compensation for this personal injury.

This workers compensation can include:

- Weekly benefits

- Payment of medical, pharmaceutical and rehabilitation expenses

- Payment of lump sum compensation if the deterioration in your asthma has resulted in a permanent impairment;

- Payment of lump sum compensation for pain and suffering if your permanent impairment is of a the required degree

- Payment of your legal expenses in making a claim for workers compensation.

To receive compensation for your personal injury, it will be necessary to obtain specialist medical reports that show that your asthma has deteriorated since your employment with the Council ten months ago. You will not have to pay for these medical reports if the Workers Compensation Lawyer is acting for you in your workers compensation claim. This is because the Workers Compensation Lawyer operates under a strict “No Win No Fee” policy. This means that the costs of medical reports and other reports to support your claim for workers compensation are deducted out of your compensation payment. In the event that your claim is not successful then you do not have to pay these fees at all. 

You need to obtain expert legal advice as soon as possible in relation to the deterioration of your asthma condition and your claim for workers compensation as a delay in making a claim for workers compensation can lead to procedural difficulties that prolong the successful resolution of your claim.

If you have been injured in a workplace accident and you’re not sure who to talk to about your entitlement to workers compensation then give Frank a call. It won’t cost you a cent and you will be getting advice that insurers would rather you didn’t hear. 

Call Barwick Boitano Lawyers and make an appointment to discuss your  "no win no fee" claim on 02 9630 0444, or email Frank, 

at

Specialising in Compensation for over 20 years.