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Mesothelioma: A Killer
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Asbestos claim glitch, says lawyers
30sep04
A TASMANIAN lawyers' group has warned the State Government's bid to help asbestos victims through common law claims could backfire against workers.
Australian Plaintiff Lawyers Association Tasmania spokesman John Green said allowing common law claims for asbestos would discriminate against employees who had contracted asbestos-related diseases from exposure in the workplace.
"These people have to make claims under the Workers Compensation Act where their common law rights have been gutted," Mr Green said.
"Under the Government's proposed changes, people exposed to asbestos outside of the workplace would have those common law rights." He said in situations where people could not sue under common law, compensation was limited to loss of income and medical costs but common law compensation allowed for pain, suffering and loss of enjoyment of life.
Mr Green said the APLA called on the Government to amend the discriminatory provision.
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