Ann Wason Moore: Dust disease victims shouldn’t have to fight for compensation too

Workers who contract deadly dust diseases shouldn’t have to wage a war on information on compensation, writes Ann Wason Moore. Every doctor should be armed with brochures on how they can receive compensation.

AS Bernie Banton claimed the final victory in his fight for compensation for asbestos workers, my father-in-law cheered from his favourite armchair in his Broadbeach home.

“Good on ya, Bernie,” said Barry, a former builder.

“I worked with that stuff for years,” he told us. “We didn’t wear masks or anything. We’d be sawing into the roof and the asbestos would just snow down on our faces. I guess I’m lucky. That was more than 50 years ago and it never got me.”

Four years later, Barry died from mesothelioma, a rare but brutal form of cancer that cannot be cured and is almost always caused by exposure to asbestos.

Anthony White, 36, died earlier this week. Picture by Luke Marsden.

As I read the news this week of 36-year-old Gold Coast stonemason Anthony White who died of silicosis, another dust-related disease, I thought of Barry. And I thought too of all those other stone workers watching and thinking they’ve dodged a bullet, just like Barry once did.

The Cancer Council says about 587,000 Australian workers were exposed to silica dust while on the job in 2011, the same year that Barry died.

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About 5758 of those are estimated to develop lung cancer in the future as a result of that exposure.

At least my father-in-law lived until the age of 80, saw his five children grow up and met all nine of his grandchildren. Anthony didn’t get that. Anthony’s brother Shane Parata, who has also been diagnosed with silicosis, has called for national regulation of the industry.

Anthony White in hospital. Picture supplied.

While “dry cutting’’ engineered stone is banned in Queensland due to the dangerous level of dust it releases, many states still allow it.

Certainly that is the most important battle. But there’s another side of this sick story — the fight for compensation.

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Despite Bernie’s battles, too many victims of asbestos-related illnesses don’t realise they are entitled to claim for compensation, no lawyers necessary.

When Barry was first diagnosed with mesothelioma, the thought of claiming for compensation flickered through my mind but I didn’t pursue it. Our family was busy enough with doctors and hospitals to schedule meetings with lawyers.

A few weeks later however, while meeting with a real estate agent who was listing our own house, conversation turned to Barry’s battle.

Anthony White, 36, needed a double lung transplant after being diagnosed with silicosis but tragically died before he could receive it. Picture by Luke Marsden.

“Why don’t you call the dust board?” the agent asked.

It turned out her own father had asbestosis, had contacted the NSW Dust Diseases Board and been promptly compensated.

Surely it couldn’t be that simple, I thought. Otherwise one of the dozen doctors we’d seen would have mentioned it.

I made a call to WorkCover Queensland, downloaded forms, helped Barry fill them out … and three weeks later there was a sizeable chunk of compensation money in his account.

It was money that secured his widow’s future and literally allowed him to die in peace.

Did it make up for the loss of his life? Never.

But it was better than the nothing we expected.

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Ms Wason Moore says it should be easier to find compensation for affected workers.

Still, why were we never told this was an option? What if we never listed our house with that agent? The landscape of this family would be so very different.

Even now if you Google “asbestos compensation Queensland’’ you get pages of lawyers before a hit is returned for WorkCover. Even Victoria’s state compensation shows up before ours.

I’m not blaming the lawyers. Many victims still need representation and I’m sure not all claims are as straightforward as Barry’s.

WorkCover says it has tried to increase awareness of this compensation and is looking at a renewed boost, given the expected flood of silicosis claims.

Meanwhile, a representative from Shine Lawyers says legal operators also wish there was more awareness of access to compensation without litigation.

So let’s focus on regulating the stonecutting industry immediately and comprehensively.

Surely the case of asbestos has taught us the lesson of deadly delays.

But while our aim is certainly to prevent more victims, let’s not forget those who have already been diagnosed — or those who are already diseased if not diagnosed.

The Government needs to ensure doctors are at the forefront of this. Arm them with brochures and information sheets so that every time a diagnosis of a dust disease is made, details are given of how the patient can obtain compensation.

These victims are already fighting for their lives. They should not have to wage a legal battle or an information war as well.

Otherwise, Bernie’s battle over compensation has been lost.