Asbestos exposure remains one of the most serious workplace health risks in Australia. Asbestos was formally phased out nationally in 2003, however many old buildings, machinery, soil and equipment still contain traces of it. Therefore, many workers in construction, farming, manufacturing, trades, transport, demolition and maintenance continue to face exposure. If you believe you have been exposed to asbestos at work either now or in the past, or you have recently been diagnosed with an asbestos related illness, it is important that you understand your rights and the steps you can take to protect your health, income and future.

This guide outlines what you need to do if you believe you have been affected by asbestos at work. It also explains how WorkCover claims for asbestos illnesses work in Victoria and help you understand when you need to seek legal advice.

If you are concerned about potential asbestos exposure or have received a diagnosis, you can contact Maddens Lawyers for clear, practical advice on what to do next. Our team has extensive experience in asbestos WorkCover claims and can help guide you through the process with confidence.

Understanding asbestos exposure

Asbestos is naturally occurring, fibrous silicate minerals that were once widely used in the construction of Australian homes, businesses and machinery, until it was found to be toxic and phased out in 2003. Unfortunately, there are still many homes and businesses that contain asbestos. When breathed in, asbestos fibres can lodge in the lungs and cause serious long term health conditions. These conditions often take decades to develop, which means many workers only discover the impact of their exposure to it years after it has happened.

Common asbestos related illnesses include:

• Mesothelioma
• Asbestosis
• Lung cancer
• Pleural abnormalities
• Other cancers

If you have worked in an industry where asbestos exposure was common, or you suspect you were exposed during your employment, it is important to act now. Even if you are not yet experiencing symptoms, you may be eligible for medical monitoring, compensation or support.

For more information about how Maddens Lawyers can help you with your potential asbestos WorkCover claim, click here.

Steps in making an asbestos WorkCover claim

Step 1: Seek medical advice as soon as possible

The most important step is checking on your health. If you believe you have been exposed to asbestos or have symptoms that reflect potential asbestos exposure, the first step is to speak to your GP immediately. Your doctor may refer you for imaging or a specialist review.

A medical diagnosis is essential for any WorkCover claim involving asbestos. It will provide the evidence needed to link your condition to your employment and ensures you receive the right treatment and support.

If you are unsure if your symptoms are related to asbestos exposure, or you are not yet presenting symptoms but know you have been exposed, it is worth seeking medical advice regardless. Early detection can make a significant difference to your long-term health.

Step 2: Record your work history and exposure details

Asbestos exposure often occurs over many years and can occur across multiple job sites. Therefore, it is important to record your work history and potential exposure sites to help strengthen your claim.

Useful information includes:

• The workplaces where asbestos may have been present
• The tasks you performed
• The machinery, materials or buildings you worked with
• The dates or periods of employment
• Any protective equipment provided
• Co-workers who may be able to confirm exposure

Your records do not need to be perfect or even complete. Our personal injury law team at Maddens Lawyers can help you piece together your employment history and identify likely sources of exposure. Many workers are surprised to learn that even short term or indirect exposure can be enough to support a WorkCover claim.

Step 3: Understand your rights under WorkCover

In Victoria, WorkCover provides compensation for workers who have been injured or made ill because of factors at their employment. This includes asbestos related conditions. If your WorkCover claim is successful, you may be entitled to:

• Weekly payments if you can no longer work
• Medical and treatment expenses
• Common law damages if your employer was negligent in protecting you from asbestos exposure

Asbestos claims can be more complex than other WorkCover claims due to the long delay between exposure and diagnosis, and the nature of the illness presented. This is why it is important to seek legal advice. Our lawyers can help you understand your entitlements and ensure your claim is lodged correctly.

To learn more about how WorkCover claims in Victoria operate, read our recent WorkCover Victoria compensation guide here.

Step 4: Lodge a WorkCover claim

Once you have your diagnosis and medical evidence, and a clear understanding of your work history, you can go ahead and lodge your WorkCover claim. This involves completing a Worker's Injury Claim Form and submitting it to your employer or directly to WorkSafe.

Your claim should include:

• Details of your asbestos exposure
• Your diagnosis or other relevant medical details
• Your employment history
• Supporting medical reports

If your employer no longer exists or you are unsure who to list, Maddens Lawyers can assist. Many asbestos claims involve employers who closed decades ago, and there are established processes to help deal with this.

A strong and well-prepared claim can increase your chance of approval. If your claim is rejected however, you still have options. Our dedicated team can help you challenge the decision and gain the compensation you deserve.

Step 5: Consider whether you may have a common law claim

In some circumstances, as well as WorkCover benefits, some workers may be eligible to pursue a common law claim if their employer failed to take reasonable steps to protect their workers from asbestos exposure.

Common law claims require specific evidence of negligence, which can include:

• Failure to provide protective equipment
• Failure to warn workers about potential asbestos risks
• Failure to follow safety regulations
• Failure to remove or manage asbestos safely

If you believe your employer did not take these proper precautions, it is important to seek legal advice. Our personal injury team at Maddens Lawyers can assess your situation and advise whether you have the probability of a common law claim.

Step 6: Seek legal support from a team experienced in asbestos claims

Asbestos claims require expert knowledge. The laws are complex, the medical evidence can be technical and the timeframes for exposure are often long. Working with an experienced asbestos lawyer, like the team at Maddens Lawyers, ensures your rights are protected and your claim is handled correctly from the start.

Maddens Lawyers has a history of supporting workers and families affected by asbestos exposure across South West Victoria. We understand the challenges faced by regional workers, including those in farming, construction and trades. Our team is here to provide clear, practical advice and handle the legal process so you can focus on your health.

You can learn more about our personal injury services here.

Why acting early matters

Many people delay making a claim or seeking advice as they are unsure if their exposure was significant enough, or they believe too much time has passed to be successful. In asbestos cases, early action is always beneficial. It allows:

• Faster access to medical treatment
• Earlier financial support
• Better preservation of evidence
• More time to explore compensation options

Even if your exposure occurred decades ago, you may still have a valid claim. Asbestos illnesses develop slowly, and the law recognises that, there are pathways for workers to seek compensation long after the exposure has occurred.

If you are unsure whether you have a claim, a free initial discussion with Maddens Lawyers can help you understand your options.

Maddens Lawyers are here to help

If you have been exposed to asbestos at work, or you have recently been diagnosed with an asbestos related illness, you are not alone in navigating the WorkCover system. Maddens Lawyers can help you understand your rights, prepare your claim and achieve the compensation you deserve.

Contact our personal injury team to discuss your situation today. Early advice can make a significant difference to your outcome.