A dying Queensland man has been awarded Australia’s largest-ever asbestosis compensation payment of almost $1.9m.
Robin Smith, now aged in his late 70s, developed the chronic lung condition after exposure to asbestos while working as a plumber starting in the 1960s.
Most of his exposure happened between 1981 and the mid-1990s when he worked for the Queensland government’s Mackay Harbour Board – now known as the North Queensland Bulk Ports Corporation.
He was using a demolition saw to cut into asbestos cement pipes, according to law firm Slater and Gordon Lawyers.
Asbestosis is a deadly disease caused by inhaling asbestos fibres that can take decades to present. There is no cure.
A trial was held in the Supreme Court of Queensland in August against Amaca – previously known as James Hardie & Coy – as well as North Queensland Bulk Ports Corporation and WorkCover Queensland.
Mr Smith, who has a life expectancy of about five to six years, sought damages for pain and suffering, and compensation for expenses and future care.
It was the first asbestosis judgment in Queensland, with Mr Smith awarded $1,897,000 plus legal costs.
“James Hardie & Coy knew, and large employers ought to have known, about the dangers of asbestos in the mid-1960s and early 1970s,” Slater and Gordon lawyer Sean Sweeney said.
“The fact that Mr Smith experienced such extreme asbestos exposure into the 1990s is deeply concerning.
“Asbestosis is a devastating diagnosis. It’s often a debilitating disease that progresses over a long period of time, taking a devastating toll on victims and their families. This judgment serves as a critical reminder about the dangers of asbestos.”
Asbestos products were banned in Australia on December 31, 2003, but some properties still contain asbestos.
“Asbestos remains a very present and ongoing risk for Australians. It can still be in our homes, workplaces and schools, so we must remain vigilant,” Mr Sweeney said.