A recent Victorian County Court decision has opened the door for welders to access compensation for cancer caused by their work duties.
The decision delivered by His Honour Judge Dyer is believed to be the first in Australia to make a connection between the development of cancer and the various toxic substances that welders across the country are exposed to on a daily basis.
There are already certain occupations where it is well recognised that cancer may be a work-related illness. For example, in most states in Australia, firefighters who are diagnosed with particular types of cancer are automatically deemed to have developed the condition by reason of their duties. Unfortunately, this legislation is not currently in place in Victoria despite growing community support for such recognition.
The County Court decision highlights the need to consider what role employment may have played in exposing someone to carcinogenic material. If a connection can be made between employment and the development of the disease, the affected worker and their families can access a variety of benefits including medical expenses, lost wages and pain and suffering damages.
Adviceline Injury Lawyers has helped a number of people and their families facing terminal illnesses to access their entitlements. If you or someone you know has suffered an injury or illness through work, we invite you to speak with one of our expert personal injury lawyers on (03) 9321 9988.