Cancer victim Mathew Werfel awarded almost $3.1 million for James Hardie asbestos exposure 20 years ago
Diagnosed with terminal cancer after inhaling asbestos dust 20 years ago, Mathew Werfel has now won $3.1 million in compensation. He says the outcome is a relief – but still heartbreaking.
AN Adelaide father stricken with terminal cancer was on Tuesday awarded a record $3.1 million compensation payout after being exposed to asbestos dust while renovating his first home.
The landmark judgment to public servant Mathew Harrison Werfel, 42, of Pooraka, came more than 20 years after he first inhaled the deadly dust as a teenager.
The one-time fencing contractor was exposed to asbestos during DIY home renovations.
He sanded and painted his northern-suburbs home unaware it was covered with asbestos cement sheets.
He told The Advertiser how he had no idea of any dangers of the material manufactured by Amaca Pty Ltd, formerly known as James Hardie, as he issued a warning to other home renovators.
He said while he welcomed the payout, he feared many home renovators were still being unknowingly exposed to asbestos products.
“On the one hand, this outcome is a great relief, knowing that my family will be taken care of,” he said outside the South Australian Employment Tribunal, after attending with wife Jenny.
“But it’s heartbreaking to think how many people continue to be exposed, without their knowledge, to asbestos in their homes and workplaces.
“The company should be running a massive public awareness campaign that lets people know just how much of these asbestos products are still out there, what to look out for, and how to stay safe around the home.
“They need to take responsibility for their past actions, not just by com-pensating victims, but taking every step possible to stop other Australians from being exposed to asbestos.”
The father of three daughters, aged 10, seven and six, was diagnosed with terminal cancer in 2017 after discovering a lump in his groin. He told the court he had about three years to live.
He has had multiple major surgeries, along with radiotherapy and chemotherapy. After a trial, deputy president Judge Leonie Farrell awarded him damages for pain and suffering, loss of amenities, expectancy of life, past and future economic loss, medical expenses, aids, equipment and home modifications. She also awarded exemplary damages as a deterrent to other firms in a 92-page judgment.
“I am entitled to penalise Amaca for what it did and to make it an example to others,” she said. His lawyer Annie Hoffman said thousands of homes still contained James Hardie asbestos products.
“It’s important that home renovators know the risks and call in professionals to identify these potentially deadly hazards,” she said.
James Hardie was unavailable for comment.