FAQ

Frequently Asked Questions

Below, you will find a list of frequently asked questions categorised by the different areas of law that we service.

If you have any further questions or would like free advice specific to your circumstances, contact us today.

COMMON QUESTIONS ABOUT MOTOR VEHICLE ACCIDENT CLAIMS
What do I do if am involved in a motor vehicle accident?
There are several steps you should take if you have been involved in a motor vehicle accident, including:
  • Getting medical attention right away, even if your injuries appear to be minor;
  • Informing police as soon as possible about the accident (within 28 days);
  • Lodge the claim with the correct insurer within 6 months of the date of the accident. We recommend that you obtain legal advice prior to lodging the claim;
  • Seeking the advice of one of our experienced motor vehicle accident lawyers regarding your rights and entitlements to claim personal injury compensation. Strict time limits apply, so seeking prompt legal advice from an expert is always a good idea.
How can MCL help me?
We have been successful in a large number of cases where the insurance company and superannuation fund have been directed to pay out substantial lump sum TPD benefits to the member. As part of our service we can:
  • Assist with the preparation of your claim
  • Ensure that your claim complies with the terms of your superannuation fund policy
  • Arrange for medical reports to support your claim
  • Respond to and deal with the denial of claims by superannuation funds
If you are already in dispute with a superannuation fund or insurer over an entitlement, our team can help you challenge the fund's decision, by requesting an internal or external review and, if necessary, by taking court action on your behalf.
What sort of compensation am I entitled to?
Compensation may be available to those injured in an accident to cover:
  • Pain and suffering (non-economic loss);
  • Past and future wage loss or loss of earnings from business;
  • Past and future loss of superannuation entitlements where appropriate;
  • Past and future medical costs;
  • Domestic and care needs.
Even where the person responsible cannot be identified, you may still be able to claim. You should not admit any liability for the accident, or blame yourself, before consulting us. Basically, the law aims to put a monetary value on the losses suffered by an injured person. The diagram below illustrates the basic idea of assessing compensation, which is to put the injured person in the same position but for the injury. The black line represents the course of a person's life and the shaded portion demonstrates compensation applicable to the person as a result of the injury.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.
Motor Accident Claims – New South Wales
Motor vehicle accident claims are now managed by specialist tribunals known as Claims Assessment and Resolution Service (CARS) and Medical Assessment Service (MAS). These bodies are governed by their own rules and regulations. Your lawyer should be familiar with these rules and have a clear understanding of what is required in each case. Unfortunately, not all lawyers have a clear understanding of the rules, requirements and strategies, and as such not all lawyers can prepare your claim in a way so as to maximise the benefits available to you. At MCL we specialise in motor accident litigation. Every one of our lawyers has a wealth of experience within CARS and MAS and is capable of preparing your claim, so as to obtain the best possible result.
Motor Claims Accident - Victoria
Motor Vehicle Accident – Victoria Our specialised team of lawyers can assist you in claiming compensation if you have been injured in a motor vehicle accident in Victoria. At MCL, we truly care about our clients and we are dedicating to supporting you at every stage of the process. Our senior lawyers are the best trained in the industry and have the expertise to get you the best result possible. The Transport Accident Commission (TAC) manages Motor Vehicle Accident claims in Victoria. The TAC is the Victorian Governments compulsory third-party insurer. However, they do not provide you with independent legal advice and you may not be aware of your full compensation entitlements. By working with us:
  • You will have the peace of your mind that your claim has been correctly assessed
  • You will have a team of specialised lawyers with the knowledge and conviction to dispute unfavourable decisions
  • You will be rest assured that our experts are ensuring your case is at its strongest by preparing and proving your claim by collecting and analysing all evidence
  • You will have the best outcome possible as we investigate your claim in relation to all possible compensational entitlements
We can assist you in claiming the following compensation benefits:
  • Replacement of lost earnings caused by the inability to work while recovering from your injuries.
  • Payment of reasonable medical expenses to treat injuries suffered in the accident.
  • Payment of reasonable rehabilitation costs related to the injuries from the accident.
  • Payment for in-home assistance made necessary by your injuries.
  • Lump sum benefits if your accident-related injuries are considered a ‘serious injury’
Our specialised team of lawyers only deal with compensation claims. We have the expertise and resources to deal with the most complex issues and ensure that you are awarded the maximum benefits. How we can maximise your compensation – Serious Injury Claim
  • You may be able to claim additional compensation if our experts believe that you may have a serious injury.
  • The injury must be the result of the negligence of someone else and it must be long-term with significant consequences.
  • The compensation for serious injury cases can be substantial and include compensation for both pain and suffering and economic loss.
  • Our specialised lawyers have decades of experience in dealing with negligence claims and will gather all the relevant evidence to ensure you have the strongest case.
COMMON QUESTIONS ABOUT PUBLIC LIABILITY
Will my lawyers have the financial resources to fight for my rights?
Public liability claims are often expensive to prepare. Few firms have the capacity to weigh in against the large insurance companies that have limitless resources to expend on defending claims. At MCL we have the financial muscle, as well as determination, to go the distance against these large insurance companies. Following the initial assessment of the claim, we will usually cover all our clients' expenses, including medical report and court fees, until the successful completion of the case.
How can MCL help me?
Our team of expert compensation and motor vehicle accident lawyers will:
  • Evaluate your claim;
  • Gather necessary evidence, such as names, registration numbers and insurance details of the vehicles involved, as well as receipts for hospital care, medical treatment and medication;
  • Obtain and explain police reports relating to your accident;
  • Contact the relevant insurance companies;
  • Obtain all the necessary medical evidence;
  • Obtain other evidence, which may be relevant to your claim, including documents from accountants, actuaries, accident reconstruction experts, occupational therapists and other experts;
  • Navigate your claim through the Medical Assessment Service (MAS);
  • Navigate your claim through the Claims Assessments and Resolution Service (CARS);
  • Ensure that you receive thorough and comprehensive advice at every stage of your claim, including settlement conferences, mediations, CARS assessments and court hearings;
  • Ensure you obtain the compensation you deserve to ease your pain and suffering.
What are some examples of public liability claims?
Common accidents that can give rise to a personal injury claim include:
  • Slipping or falling in the supermarket or shopping centre
  • Injuries at home caused by defects in rented premises
  • Accidents in hotels, night clubs or bars
  • Injuries at entertainment, concert and sports venues
  • Slipping or falling in the local park or on the public footpath
  • Boating accidents
  • Dog attacks
  • Accidents at school, either in the classroom or in the playground
  • Sporting accidents
How much compensation can I claim for my injuries after the accident?
The amount of compensation is different for every case. The factors that are taken into account when determining your compensation amount depends on:
  • The severity of your injuries
  • Your age
  • How much you have lost and will lose in earnings
  • How much care is needed
  • The amount of money you have paid for treatments and out of pocket expenses after the accident
To determine the severity of your injuries, you will need to see a doctor to assess the impact of your injuries on your future work and enjoyment of life. Basically, the law aims to put a monetary value on the losses suffered by an injured person. The diagram below illustrates the basic idea of assessing compensation, which is to put the injured person in the same position but for the injury. The black line represents the course of a person's life and the shaded portion demonstrates compensation applicable to the person as a result of the injury.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.
Public Liability Lawyers – New South Wales
Our compensation lawyers are based throughout the Sydney metropolitan area and wider New South Wales. With twenty-one offices and locations, together with our capacity to deliver our services at your home or at hospital, you can now get free advice from an experienced compensation lawyer anywhere in the Sydney metropolitan area, as well as wider New South Wales.
Public Liability Lawyers – Victoria
Our office is conveniently located in Melbourne CBD. We also have the capacity to deliver our services to your home or hospital. Our team of compensation lawyers in Melbourne has the experience and expertise to deal with even the most complex legal claims. You can now receive free advice from an experienced compensation lawyer anywhere in Melbourne. We service all areas of Melbourne and have offices in the following locations:  
  • CBD
  • Hawthorn
  • Brighton
  • Mt Waverley
  • Geelong
What else can I claim?
Many superannuation policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. You should talk to an experienced personal injury lawyer to determine whether you are covered under your policy, and whether your injuries fit the description of total and permanent disability. Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
Why choose MCL?
MCL is one Australia's premier compensation law firms. Our lawyers have the expertise and experience to take on the big insurance companies. Over the years MCL has secured well over a hundred million dollars in damages payouts to our clients. Compensation claims can be expensive to run. At MCL we have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your motor accident claim. We provide a 'No Win No Fee Guarantee' to all our clients, which means that you won't have to pay us unless we win your claim.
COMMON QUESTIONS ABOUT WORKPLACE COMPENSATION
Should I obtain legal advice?
If you are injured at work, you are eligible to receive certain benefits. The law that regulates your workers compensation entitlements is set out in the Workers Compensation acts.The law varies from state to state, such that your lawyer must be knowledgeable about the specific provisions, as applicable to your circumstances.  At MCL, we have a team of lawyers, who specialise in workers compensation law. Once you contact us, one of our workers compensation lawyers will:
  • Explain whether your injury falls under common law (which means you might be able to sue your employer) or WorkCover and help you to achieve the best outcome;
  • If you have a WorkCover claim, help fill out your application for Workers Compensation accurately and ensure you provide the best description of your injury and circumstances;
  • Advise whether you have a workplace personal injury claim.
  • Advise whether you may have additional claims, such as Common Law and/or TPD entitlements.
How can MCL help me?
Our team of expert public liability lawyers will help you the whole way through the legal process, from the initial consultation right through to the successful outcome. After compiling all of the relevant evidence, a notice of claim will then be served on the owner or occupier of the property where you suffered the accident. The owner/occupier will then be required to respond to your claim. Beyond this, your lawyer will attend to the following matters in the course of handling your claim:
  • Obtain the necessary evidence in order to properly document your claim;
  • Make an assessment of the amount of your claim;
  • Make a written offer to the insurer, summarising your claim and quantifying damages;
  • Respond to any offer of settlement the insurer may make.
If necessary, your public liability lawyer will:
  • Commence court proceedings, where the insurer fails to respond or adequately respond to the summary of claim;
  • Navigate your claim through the court system to ensure the optimum outcome is achieved.
What are examples of Workers Compensation claims?
Workplace personal injury claims can arise from a number of scenarios, such as:
  • Falling from a ladder or scaffolding;
  • Asbestos exposure;
  • Neck or back injury from heavy lifting;
  • Repetitive strain injury (RSI);
  • Stress due to being over-worked;
  • Aggravation of a pre-existing injury or condition;
  • Travelling to or from work;
  • Other injuries arising from heavy lifting. 
In these instances, it is vital to seek the advice of an experienced workers compensation lawyer. Although you may think your claim is too small to be worthwhile, that is often not the case. Minor injuries can sometimes develop over time and have an impact on your life in the future.
What can I claim under WorkCover?
WorkCover claims may include:
  • Weekly compensation payments;
  • Medical costs (treatment, hospitalisation, rehabilitation, etc);
  • Transportation expenses;
  • Lump sum compensation for whole person impairment;
  • Extra lump sum compensation in some circumstances.
Basically, the law aims to put a monetary value on the losses suffered by an injured person. The diagram below illustrates the basic idea of assessing compensation, which is to put the injured person in the same position but for the injury. The black line represents the course of a person's life and the shaded portion demonstrates compensation applicable to the person as a result of the injury.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.
Workers Compensation – New South Wales
Our workers compensation lawyers are based throughout the Sydney metropolitan area and wider New South Wales. With twenty-one offices and locations, together with our capacity to deliver our services to your home or at hospital, you can now get free advice from an experienced workers compensation lawyer at a location convenient to you.
Workers Compensation – Victoria
Workers Compensation Victoria We can assist you in claiming compensation if you have been injured in a work-related incident in Victoria. At MLC, we truly care about our clients and we are dedicating to supporting you at every stage of the process. Our senior lawyers are the best trained in the industry and have the expertise to get you the best result possible. Work Safe Victoria manages Workers Compensation claims. While they assess your workers compensation claim, they do not provide you with independent legal advice and you may not be aware of your full compensation entitlements. By working with us:
  • You will have the peace of your mind that your claim has been correctly assessed
  • You will have a team of specialised lawyers with the knowledge and conviction to dispute unfavourable decisions
  • You will be rest assured that our experts are ensuring your case is at its strongest by preparing and proving your claim by collecting and analysing all evidence
  • You will have the best outcome possible as we investigate your claim in relation to all possible compensation entitlements
We can assist you in claiming the following compensation benefits:
  • Medical and Like Expenses;
  • Weekly Payments;
  • A lump sum payment if you have suffered a permanent injury that meets the minimum threshold; and
  • Damages for pain and suffering and economic loss if you meet the definition of having a ‘serious injury’ and it can be proven that there was negligence.
Our specialised team of lawyers only deal with compensation claims. We have the expertise and resources to deal with the most complex issues and ensure that you are awarded the maximum benefits. How we can maximise your compensation – Common Law Damages
  • You may be able to claim additional compensation if our experts believe that you may have a serious injury.
  • The injury must be the result of the negligence of someone else and it must be long-term with significant consequences
  • The compensation for serious injury cases can be substantial and include compensation for both pain and suffering and economic loss.
  • Our specialised lawyers have decades of experience in dealing with negligence claims and will gather all the relevant evidence to ensure you have the strongest case.
Our head office is located directly in the Melbourne CBD. We also conduct home or hospital visits in the event that you cannot make it to our office. Our workers compensation lawyers in Melbourne have the experience and expertise to deal with even the most complex medical malpractice claims. You can now receive free advice from one of our experienced workers compensation lawyers anywhere in Melbourne. We service all areas of Melbourne and have offices in the following locations:
  • CBD
  • Hawthorn
  • Brighton
  • Mt Waverley
  • Geelong
What else can I claim?
Many superannuation policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. You should talk to an experienced personal injury lawyer to determine whether you are covered under your policy, and whether your injuries fit the description of total and permanent disability. Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
Why choose MCL?
MCL is one Australia's premier compensation law firms. Our lawyers have the expertise and experience to take on the big insurance companies. Over the years MCL has secured well over a hundred million dollars in damages payouts to our clients. Compensation claims can be expensive to run. At MCL we have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your motor accident claim. We provide a 'No Win No Fee Guarantee' to all our clients, which means that you won't have to pay us unless we win your claim.
COMMON QUESTIONS ABOUT MEDICAL NEGLIGENCE
Why specialist knowledge and experience is the key to success?
We have a track record of success in preparing and successfully finalising some of the most significant and complex medical negligence claims in the field. Our lawyers have consistently run multi-million dollar medical negligence actions in the Supreme Court and Court of Appeal, which are the superior courts of this state. Such cases demand meticulous preparation and technical expertise. Over the years, our medical negligence lawyers have developed an extensive network of highly skilled medical experts, who assist us in investigating and preparing medical negligence claims. These doctors are all highly respected for their experience and integrity. Truly independent, they are prepared to stand up for patients who have suffered as a result of medical malpractice. Our medical negligence team is headed by Cameron Burge. As part of his work, he has gained substantial experience in complex medical litigation matters. Cameron is ably supported by other lawyers who together contribute to the excellence achieved by MCL in this field.
Who can I claim against?
Claims can be brought against any type of healthcare practitioner or medical institution including:
  • Doctors;
  • Midwives;
  • Nurses;
  • Dentists;
  • Chiropractors
  • Pharmacists;
  • Physiotherapists;
  • Osteopaths;
  • Hospitals;
  • Others.
What is Medical Negligence?
Medical Negligence covers a large range of issues in medical care, including:
  • Misdiagnosis
  • Failure to warn
  • Failure to provide appropriate treatment
  • Failure to provide referral to a medical specialist
  • Delayed diagnosis
  • Failure to properly communicate the risks of treatment
  • Failure to perform surgery with 'reasonable care' and skill
  • Failure to return correct test results
  • Failure to provide crucial post-operative care
  • Failure to prescribe the correct medication (or incorrect dosage)
  • Dental injuries (eg permanent damage from removal of wisdom teeth)
  • Failure to sterilise
  • Failure to correctly monitor pregnancy/birth
Medical Negligence and Hospitals
Our firm specialises in hospital negligence claims, and has been at the forefront of hospital litigation, representing victims of hospital negligence and their families. Examples of hospital negligence where our malpractice lawyers have successfully sued for our clients include:
  • Failing to recognise and treat emergency medical conditions such as appendicitis
  • Discharging patients from hospital too early and without adequate review
  • Failing to properly intubate patients with clear breathing difficulties
  • Delaying treatment to patients with emergency care needs
  • Discharging patients from mental health facilities when they presented a danger to themselves or the community
  • Failing to adequately treat women during pregnancy or labour
  • Surgical errors and inadequate care
How much can I claim?
The amount you can claim depends entirely on your individual situation. Medical Negligence claims generally take into account:
  • Non-economic loss/damages for pain and suffering.
  • Medical expenses for past, present and future treatment.
  • Past, present and future loss of wages/superannuation and/or loss of profits from business.
  • Damages for the care and assistance an injured person may require as a result of their incapacity. This usually involves compensation for the actual care the person may need, as well as damages payable as a result of the person's inability to undertake domestic tasks, such as cooking, cleaning, etc.
  • Miscellaneous expenses (eg wheelchair/motorised transport, home modification).
Basically, the law aims to put a monetary value on the losses suffered by an injured person. The diagram below illustrates the basic idea of assessing compensation, which is to put the injured person in the same position but for the injury. The black line represents the course of a person's life and the shaded portion demonstrates compensation applicable to the person as a result of the injury.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.
Medical Negligence Claims – New South Wales
Our medical negligence lawyers are based throughout the Sydney metropolitan area and wider New South Wales. With twenty-one offices and locations, together with our capacity to deliver our services to your home or at hospital, you can now get free advice from an experienced medical negligence lawyer at a location convenient to you.
Medical Negligence Claims – Victoria
Our office is conveniently located in Melbourne CBD. We also have the capacity to deliver our services to your home or at hospital. Our team of medical negligence lawyers in Melbourne has the experience and expertise to deal with even the most complex medical malpractice claims. You can now receive free advice from one of our experienced medical malpractice lawyers anywhere in Melbourne. We service all areas of Melbourne and have offices in the following locations:  
  • CBD
  • Hawthorn
  • Brighton
  • Mt Waverley
  • Geelong
What else can I claim?
Many superannuation policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. You should talk to an experienced personal injury lawyer to determine whether you are covered under your policy, and whether your injuries fit the description of total and permanent disability. Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
Why choose MCL?
MCL is one Australia's premier compensation law firms. Our lawyers have the expertise and experience to take on the big insurance companies. Over the years MCL has secured well over a hundred million dollars in damages payouts to our clients. Compensation claims can be expensive to run. At MCL we have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your motor accident claim. We provide a 'No Win No Fee Guarantee' to all our clients, which means that you won't have to pay us unless we win your claim.
COMMON QUESTIONS ABOUT SUPERANNUATION CLAIMS
Does MCL specialise in Superannuation Law?
MCL is one of the leading law firms specialising in the area of superannuation claims. We have a dedicated team of expert lawyers who deal exclusively with these types of claims. This superannuation group is led by senior lawyers who are accredited specialists in superannuation law and have decades of valuable experience in this field. Successful management of claims requires particular expertise, and it is vital that you secure an experienced solicitor, who can navigate the technical, medical and legal issues. Over the years MCL has developed an extensive network of highly skilled medical experts who assist us in investigating and preparing claims. These experts are all highly qualified and experienced in their respective fields, as well as highly respected for their integrity. Truly independent, they are prepared to stand up for our clients. The use of such experts often assists us in achieving favourable outcomes for our clients.
Under what circumstances can I make a Superannuation/TPD claim?
The following are examples of situations in which a claim can be made:
  • You were working and your employer was paying compulsory superannuation and you suffer any injury or illness that has prevented you from working for 6 consecutive months
  • You have entered into a private contract of insurance for income protection or disability insurance
  • A person that you are dependent on (such as your partner or parent) dies and you wish to claim death benefits from the deceased's superannuation fund or private insurer
In order to make a claim, you must be under 60 or 65 years of age (depending on your policy). It is not necessary for you to have been involved in an accident, or to have suffered the injury while at work, to make a claim. In fact, it does not matter how your injury or illness came about. Many people on workers compensation, motor vehicle injury compensation, Comcare or the Centrelink Disability Support Pension can claim, as can people who suffer an unexpected illness that prevents them from working.
What happens once the claim is made?
Whether or not you can make a claim depends largely on the terms of your policy. To make a claim, a lengthy application must be submitted to the superannuation fund, along with supporting evidence, which documents your illness or injury. In our experience, following receipt of the claim, a superannuation fund will usually refer it to a separate insurance company, which, in turn, often issues a denial or delays the claim by various means. Most people take it no further. What most people don't realise is that there is a lot more that can be done, both to progress the claim and to ensure its ultimate success.
How can MCL help me?
Medical advice and medical evidence are vital when faced with a workplace personal injury. We will help you:
  • Gather medical records and relevant evidence;
  • Refute the claims of doctors appointed by the insurer;
  • Determine whether you have the right to seek additional medical opinions to help support your claim.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.
Why choose MCL?
MCL is one Australia's premier compensation law firms. Our lawyers have the expertise and experience to take on the big insurance companies. Over the years MCL has secured well over a hundred million dollars in damages payouts to our clients. Compensation claims can be expensive to run. At MCL we have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your motor accident claim. We provide a 'No Win No Fee Guarantee' to all our clients, which means that you won't have to pay us unless we win your claim.
COMMON QUESTIONS ABOUT DUST AND ASBESTOS CLAIMS
Our track record
We have a track record of success in preparing and successfully finalising substantial and often complex dust disease compensation claims. Such cases demand meticulous preparation and technical expertise. Over the years Monaco Compensation Lawyers has developed an extensive network of specialist doctors, who assist us in investigating and preparing dust disease compensation claims. These specialists are all highly experienced and qualified, which lends weight to their opinions. We have also developed an outstanding panel of barristers that work in this area of law.
Our commitment
Dust disease compensation claims, especially those involving multiple sites of asbestos exposure, can be expensive to prepare. Few firms have the capacity to weigh in against the large insurance companies that have limitless resources to expend on defending claims. At Monaco Compensation Lawyers we have the financial muscle to go the distance against these insurance companies. We cover all our clients' expenses, including medical report fees and court fees, until the successful completion of their case.
Example of dust disease compensation claims
Dust disease claims can arise from a number of scenarios involving exposure to asbestos at work or at home. If you have been diagnosed with mesothelioma, asbestosis, lung cancer, pleural plaques or another asbestos-related disease, you may be able to claim compensation. In these instances, it is vital to seek the advice of an experienced dust diseases compensation lawyer. Although you may think your claim is too small to be worthwhile, that is often not the case. Even minor injuries can sometimes develop over time and have an impact on your life in the future. Seeking legal advice is in your best interests if you have had exposure to asbestos.
How we will help you?
Once you contact us, one of our expert dust disease compensation lawyers will:
  • Explain whether or not you can bring a common law claim for damages in the Dust Diseases Tribunal and help you to achieve the best outcome
  • If you have a Dust Diseases Tribunal claim, prepare your claim and organise to have you medically examined by one of our specialists quickly
  • Advise on the likely damages recoverable
Medical advice and medical evidence are vital when faced with a dust disease injury. We will help you:
  • Gather medical records and relevant evidence
  • Refute the claims of doctors appointed by the insurer
  • Determine whether you have the right to seek additional medical opinions to help support your claim
Our extensive knowledge and specialist team of workers compensation lawyers across Sydney and New South Wales will help you achieve the best possible outcome for your claim.
Dust Disease Compensation Lawyers
Our dust disease compensation team is headed by Ms Kelly Keane who is an accredited specialist in personal injury law and a partner of the firm. Kelly is one of the leading dust disease compensation lawyers in NSW. She offers a unique perspective, having worked for both plaintiff and defendant (representing insurance and large self-insured companies) firms in this area for the past 16 years. Her style is defined by a common sense approach, leaving her clients with no doubt that their matter is in the best possible hands. Kelly is assisted by other experienced dust disease compensation lawyers, who together contribute to the excellence achieved by the firm in this field.
What can I claim in the Dust Diseases Tribunal?
Dust Disease Tribunal claims may include compensation for:
  • Pain and suffering or non-economic loss
  • Economic and Superannuation Loss
  • Medical costs (treatment, hospitalisation, rehabilitation, etc)
  • Domestic care and assistance
  • Loss of life expectancy (if relevant)
Basically, the law aims to put a monetary value on the losses suffered by an injured person. The diagram below illustrates the basic idea of assessing compensation, which is to put the injured person in the same position but for the injury. The black line represents the course of a person's life and the shaded portion demonstrates compensation applicable to the person as a result of the injury.
Making an additional claim
If you have superannuation and sustain an injury or illness, you may be able to access a lump sum payment through your policy. Many people are unaware that their superannuation policy provides additional benefits. An experienced superannuation and insurance lawyer will assist you in identifying whether such benefits exist in your policy, and submit an application on your behalf. If your application is rejected, your lawyer will advise you of the process for challenging the decision. In addition, you may have a personal insurance policy, such as life insurance, income protection insurance, or sickness and ill health insurance, which may include provisions for compensation, should you be disabled. These benefits may be available in addition to other forms of compensation and benefits. You should seek legal advice from a lawyer in the Monaco Compensation Lawyers superannuation and insurance department regarding your entitlement to claim compensation.
Is there a time limit?
If you have suffered an asbestos related injury or disease, contact us today. With dust disease compensation claims, there are no specific deadlines within which to initiate a claim or file a lawsuit however, in most instances, acting quickly by contacting a dust disease lawyer will give you and your family peace of mind and accelerate the compensation recovery process.
Can I get advice over the phone?
We are more than happy to provide initial advice over the phone. In some cases our clients live far away from our nearest office. This is why we often arrange home visit by one of our specialist lawyers. Our experience is that the combination of home visits and telephone advice allows us to deliver our services to you quickly and effectively.

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