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In 2009, a woman who contracted mesothelioma from washing her husband's clothes became the first family member in New South Wales, Australia to make a successful asbestosis claim against a company her husband worked for.
The 70-year-old contracted the disease after washing her husband's asbestos-riddled work clothes for nearly thirty years. It is believed that the success of her case could open doors for other mesothelioma sufferers who were exposed to the deadly asbestos fibres through their relatives or partners.
The personal injury lawyer representing the New South Wales resident argued that her husband's company failed to take preventative measures to ensure that traces of asbestos would not be left on workers' clothing where they could pose a risk to the employee's family.
The judge ruling on the case highlighted how this was a landmark case for Australia: "This is the first case in which a member of an asbestos worker's household has succeeded in obtaining a judgement at the conclusion of a fully contested hearing".
A spokesperson from the woman's law firm said, "It was an important step in the development of consumers' right in relation to asbestos."
"It's yet another affirmation of the duty of care that large companies, in particular, have got when they have toxic substances like asbestos on their premises."
A personal injury compensation sum of $339,000 was awarded to the successful claimant and it was ruled that the company should have recognised the risk to people like the claimant who were exposed to the asbestos off-site.
The judge ruled that the firm risked the claimant's husband going home "day after day, year after year with clothing laden with asbestos dust."
Although cases such as this have occurred before in other countries such as the UK, this was the first successful asbestosis compensation claim made by a relative of a worker exposed to asbestos in Australia. It may now pave the way for hundreds of other similar cases which may have been previously deterred by the thought of a lengthy and unsuccessful claim.
If you are suffering from an asbestos-related disease that you believe may have resulted from exposure to the substance during your working life or through your partner's working life, you could be eligible to pursue a personal injury claim.
Let the people at YouClaim help you make a compensation claim today
At YouClaim, we can offer you free advice and representation on your claim, whether you win or lose. We have years of experience in asbestos law, and have an excellent record of many successes, even where the firms liable for the asbestos exposure have gone out of business.
We believe in pursuing justice for industrial disease sufferers, and so are happy to take on claims on a no win, no fee basis; further to that, we undertake to charge our fee to your opponent, or our insurance, in a won case. You will never have to pay any legal fees regardless of whether your claim is successful or not and you will always receive 100% of the compensation.
There is no risk to you in beginning a claim with YouClaim. Call for more information, on 0800 10 757 95, or chat with an advisor over the internet. Alternatively, leave us your details and a good time to call on our claim form, and we'll call you about your asbestosis compensation claim. Let us help you today.
