Seeking Compensation for Asbestos Exposure? Here’s How to Get Started
Sadly, asbestos exposure is a genuine reality for many New Zealanders. Several Kiwis have unknowingly been exposed to this hazardous natural material in a number of situations, such as renovating, repairing, or demolishing asbestos-containing homes. You might have even been exposed through close contact with a family member who worked with it.
If you’ve been wondering whether you’re entitled to seek compensation for asbestos exposure and how to go about it, you’re in the right place. You can learn more about your rights and entitlements regarding asbestos below.
Compensation for Asbestos Exposure
In New Zealand, there doesn’t appear to be a way to receive compensation for an asbestos exposure event. While you were exposed to asbestos, you won’t know if it will affect your health and impact your way of life for several decades after that exposure event.
Why does it take so long?
Most asbestos-related illnesses like mesothelioma, asbestosis and pleural thickening have a latency period. The microscopic fibres of the asbestos become lodged in your lungs and build up scar tissue while your immune system works hard to remove them.
Over several years, the scar tissue can stiffen the lungs and make breathing challenging, but it can take between 10 and 50 years for symptoms of diseases related to your exposure event to present themselves.
Sign the Exposure Registration
After being exposed to asbestos through paid work or elsewhere, you can fill out an asbestos exposure registration form provided by WorkSafe. This form isn’t really a form of support for people who have been exposed, nor does it mean you’ll be provided with prompts to receive check-ups or medical treatment.
Instead, its purpose is to help WorkSafe understand the prevalence of asbestos exposure in New Zealand. Knowledge is power, and the more they know about exposure events, the more targeted their resources can be to limit such incidents in the future.
See Your Doctor
After being exposed to asbestos or experiencing symptoms you believe are related to a past exposure event, see your doctor without delay. They can start a paper trail of information relating to your exposure event and perform all necessary tests if you’re experiencing asbestos illness-related symptoms.
Medical professionals might also be able to assist with making an Accident Compensation Corporation (ACC) claim, especially if you were exposed to asbestos in the workplace. However, the ACC might also now cover asbestos illnesses contracted from secondary exposure, such as through a family member who was exposed to it in their workplace.
Compensation for asbestos exposure and subsequent illnesses might come in the form of treatment cost cover, rehabilitation, and weekly payments.
The ACC Coverage Process
Seeking compensation for an asbestos-related illness can seem daunting, especially when you’ve never had to claim for anything like it before. However, ACC can offer support for those diagnosed with occupational diseases that have been confirmed as the result of workplace activities.
After your injury claim is lodged, ACC employees investigate your claim and the diagnosis provided by a healthcare professional. As these claims are typically complex, they might reach out to medical specialists for advice.
It’s important to understand that an asbestos exposure event does not mean you’re entitled to ACC compensation. Only once you’ve been diagnosed with a related illness is your eligibility considered.
ACC Criteria for Asbestos Illness Compensation
While many variables have arisen in recent years, the following points are the base criteria for compensation eligibility.
A diagnosed occupational disease that meets ACC Act Schedule 2 for Occupational Disease
You were employed during the exposure period
Your occupation would have increased your exposure risk
The disease is symptomatic
Rely on the Public Health System
If you’re diagnosed with an asbestos-related illness and it doesn’t relate to your employment or the employment of a family member you had close contact with for an extended period, you won’t be without support.
The public health system is designed to help all New Zealanders with their health needs, including those affected by asbestos illnesses. The public health system is available for treatment, rehabilitation, and, if necessary, palliative care.
Work and Income
Asbestos illnesses can turn your entire life upside down. Alongside being sick, you’re also often too unwell to work, which means you don’t have a source of income to live on. Work and Income might provide a supported living payment, which is available for people with a condition, injury, or disability.
Help Is Available
While you might not be able to receive financial compensation for an asbestos exposure event, help and support are available if that exposure results in illness.
Asbestos is a deadly substance that claims the lives of tens of thousands of people annually. If you believe your home or business contains it, and you’re about to undertake renovations or demolition work, consider getting the experts involved. Your future might just depend on it.