Lung disease can have a profound impact on a person’s quality of life and ability to work. The effects of this condition can sometimes warrant long-term medical support. For those diagnosed with chronic respiratory conditions like chronic obstructive pulmonary disease (COPD), pulmonary fibrosis, chronic bronchitis, idiopathic pulmonary fibrosis, or occupational lung disease, the challenges can extend beyond health to financial and occupational limitations.
If you’re suffering, you might be curious about what you can claim and if you are eligible. This blog will outline the essentials of these claims, with our aim being to help you navigate the journey in receiving the support and compensation you need.
Understanding Lung Disease Claims
Lung disease claims are typically made by individuals diagnosed with chronic respiratory disorders or occupational lung diseases that significantly impair their daily functioning and ability to work. Claims can apply to those who have suffered workplace-related exposures or illnesses, including diseases caused by exposure to harmful substances, dust, or chemicals in the workplace. If your lung disease stems from occupational causes, you may be eligible to seek financial support for medical costs and lost income, among other expenses.
What Lung Conditions Qualify for Disability?
Types of Lung Diseases Covered:
- Chronic Obstructive Pulmonary Disease (COPD) – COPD is a long-term, chronic respiratory condition that includes emphysema and chronic bronchitis. COPD can lead to airflow obstruction and shortness of breath, affecting a person’s capacity to perform daily activities.
- Occupational Lung Diseases – These diseases are often caused by long-term exposure to harmful elements at work. Pulmonary fibrosis and silicosis are examples of occupational lung diseases that may develop in environments with high levels of dust or chemical exposure.
- Pulmonary Fibrosis – This condition involves scarring of lung tissue, which can severely impact lung function over time. Idiopathic pulmonary fibrosis is one of the most severe forms, where the cause is unknown, but the disease continues to progress and lead to significant breathing difficulties.
- Restrictive Lung Diseases – Conditions like pulmonary hypertension and cystic fibrosis fall under this category. These diseases restrict lung expansion, causing shortness of breath and impacting oxygen levels in the body. These diseases prevent the sufferer from carrying on their usual work.
What can I claim for Lung Disease in Australia?
If you have a lung disease that impacts your work or daily life in Australia, there are various claim options that may provide financial and medical support:
- Workers’ Compensation
If your lung disease resulted from workplace exposure (e.g., asbestos, dust), you may be eligible for workers’ compensation to cover medical expenses, rehabilitation, and lost wages. Conditions like silicosis and asbestosis are often work-related. Each Australian state has different procedures and requirements, so it’s essential to do research for your state for detailed information. - Total and Permanent Disability (TPD)
If you can no longer work due to severe chronic respiratory conditions like COPD or pulmonary fibrosis, a TPD claim through your superannuation may provide long-term financial support. Our TPD pay-out calculator can help you understand how much you may be entitled to. - Income Protection
For temporary inability to work, income protection through insurance or superannuation offers monthly payments, helping cover expenses while you manage your condition. - Negligence Claims
If your disease stems from employer negligence, a common law claim may cover damages for pain and suffering due to inadequate workplace protections. - Disability Support Pension (DSP)
For those permanently impacted by lung disease, Centrelink’s DSP offers income support if your condition prevents you from working.
Aussie Injury Lawyers can guide you through making a claim for illnesses, ensuring you meet eligibility and have the necessary medical evidence. Contact us today to discuss your options and pursue the support you deserve.
Medical Evidence and Permanent Impairment
Diagnosis usually involves pulmonary function tests (PFTs) to measure lung capacity and function, along with physical examination findings that help assess the degree of lung impairment. These tests evaluate expiratory volume, partial pressure of gases like carbon dioxide and carbon monoxide, and measure arterial PaO and PaCO levels to gauge oxygen intake and gas exchange efficiency.
For a successful lung disease claim, medical evidence is essential. This evidence often includes:
- Pulmonary function tests to show impairment.
- Documentation of symptoms and severity, such as chronic impairment, heart failure, or chest pain.
- Records of prescribed treatment, including medication, physical therapy, or any other medical care related to the lung disease.
These records help determine the severity and permanent impairment of the condition, which are crucial for establishing a claim. The impairment rating reflects the impact on mobility, daily activities, and employment ability.
Eligibility Criteria
Each claim type has eligibility criteria, but common requirements include:
- Diagnosis of a severe lung disease with permanent symptoms.
- Evidence that the disease meets certain impairment thresholds as assessed by pulmonary function and other medical tests.
- Proven affected capacity for employment or daily self-care due to the lung condition.
Occupational lung diseases may have additional criteria related to the workplace environment and exposure to specific hazardous substances.
The Claims Process and Documentatio
To submit a successful lung disease claim, you must collect thorough medical documentation and meet the criteria outlined for your specific type of lung disease claim. Steps include:
- Gathering Medical Documentation – Collect records from healthcare providers, pulmonary function tests, diagnosis results, and evidence of prescribed treatments or therapy.
- Undergoing an Assessment – Your healthcare provider or an assigned assessor will conduct an assessment to determine the level of permanent impairment and functional limitations.
- Submitting the Claim – Submit the application with all required documents, medical records, and proof of your condition’s diagnosis. Be sure to detail the disease’s impact on daily functioning and work capability.
- Awaiting a Decision – The decision process may take time, but thorough and accurate documentation can help ensure a smoother claim review.
For a deeper look into the process, contact our team of TPD lawyers for assistance.
We're Here to Help with Your Lung Disease Claim
Filing a claim can be complex. Aussie Injury Lawyers specialises in supporting individuals with chronic health conditions and lung diseases, guiding clients through the claim process to ensure a thorough and efficient experience. With our help, you can be supported in your journey to access the support and compensation you need.
Our lawyers at Aussie Injury have locations across Australia and are here to guide you through every step. Contact us today or book an online appointment to discuss your situation and explore your options for support and compensation.
