Seeking Compensation for Asbestos-Related Injuries? Here’s What You Need to Know
Asbestos-related illnesses and injuries can take their toll on individuals and families. Once unwell with an asbestos illness like cancer, asbestosis, or mesothelioma, you may be unable to work or enjoy your life as you once did.
Given that many exposure events are related to workplaces, you may be wondering if you can seek compensation for your asbestos-related injuries. After all, compensation would mean you can cover your related costs. You may even be able to remove some of the stress related to your illness. If you’re seeking compensation for asbestos-related injuries, here’s what you need to know:
Start With Healthcare Professionals
When you believe you have an asbestos-related illness due to an exposure event several years before, making an appointment with your GP is the most critical first step to take. They can run all necessary tests to confirm a diagnosis and make referrals on your behalf to ensure you can access the help you need. You can also rely on your GP to ensure you receive the most appropriate treatment based on your illness.
Your GP can make an ACC claim on your behalf when an asbestos exposure event is suspected. This is often a first step toward receiving compensation.
ACC Won’t Provide Presumptive Cover
One of the many reasons why seeking help from a healthcare professional is so essential is because ACC won’t provide presumptive cover. If you haven’t yet received a confirmed diagnosis and don’t know the nature of your exposure, your claim likely won’t be approved.
According to the ACC Chief Clinical Officer John Robson, in 2021, claims will be declined if mesothelioma can’t be linked to asbestos exposure. Claims can also be denied if the exposure happened overseas. If claims are lodged before the disease is confirmed, they are rejected without a definitive diagnosis. Cover for accidental exposure also only extends back to 1974.
ACC Can Provide Financial Assistance
If your ACC claim for an asbestos-related injury has been approved, you may enjoy much-needed peace of mind knowing you can receive financial assistance. ACC can help with treatment costs and rehabilitation. You may also receive weekly compensation.
According to the ACC website, no-fault cover means they help pay for costs to support your recovery, such as medical bills, treatment, help at home, and help with your income. Given that most asbestos-related illnesses are fatal, some of these support options may not apply.
ACC Can Provide Lump-Sum Payments
ACC has been providing lump sum entitlements since 2004. These are generally offered when someone’s injury is recognised as imminently fatal. Eligible conditions include work-related gradual process diseases and infections, such as mesothelioma and lung cancer, where a diagnosis is late in the disease’s progression.
Not everyone requesting lump-sum payments from ACC will be eligible. In most cases, they must meet these eligibility criteria:
Be assessed before death
Suffered a personal injury they have cover for
Survived the injury for no fewer than 28 days
The injury resulted in a whole-person impairment of 10% or above
You Can Rely On the Public Health System
If you’re eligible for free or subsidised health and disability services, you may be taken care of regarding your asbestos injury through the New Zealand public health system. This means that you may receive free inpatient and outpatient treatment at public hospitals, free support services for disabilities, and prescription subsidies.
While healthcare through the public health system is not a form of compensation, it may be a welcome relief when you know you don’t have to pay for healthcare linked to your asbestos-related injury or illness.
You May Be Eligible for Supported Living Payments
Being diagnosed with an asbestos-related injury can often mean you’re no longer able to support yourself financially. In that case, Work and Income may provide you with a supported living payment. This benefit is designed to help people who have a terminal illness or are incapacitated.
As of April 1, 2023, the supported living payment for a single person 18+ with an income of less than $39,589 per year was $384.92 per week.
Some Health Insurance Providers May Offer Cover
Depending on your policy, your health insurance provider may cover some of the costs associated with your injury. However, this isn’t guaranteed. It can be essential to reach out to your insurance provider for clarification.
You Can Prevent Asbestos-Related Injuries
Asbestos-related injuries and illnesses like mesothelioma, cancer, and asbestosis can be life-changing. In fact, they can be fatal. The good news is that we are now more well-informed about asbestos than ever before. As a result, most asbestos-related injuries are avoidable.
Whether you’re doing renos around the house or working with asbestos-containing materials, take care. By hiring trained and licensed asbestos removalists, you can protect yourself, your family, and your employees from exposure events that may lead to life-changing illnesses in the future.