Qld man wins $1.9m in largest-ever asbestosis compensation

Slater and Gordon Lawyers has secured a landmark $1.9 million payment for an ex-plumber exposed to asbestos during his employment, with the firm warning employers to recognise the safety and operational risks of improper safeguarding.

The worker, now in his late 70s, developed asbestosis after being exposed to the toxic substance in an approximate 10-year period of work on the Queensland government’s Mackay Harbour Board.

The condition is both chronic and progressive.

The judgment was handed down on 8 October 2026 in the Queensland Supreme Court and marks the state’s first asbestosis judgment, with the employee seeking damages for pain and suffering and loss of enjoyment of life, and compensation for past and future expenses, from Amaca (then known as James Hardie & Coy), North Queensland Bulk Ports Corporation, and WorkCover Queensland.

Slater and Gordon’s practice leader in asbestos and dust diseases, Sean Sweeney, said: “James Hardie & Coy knew, and large employers ought to have known, about the dangers of asbestos in the mid-1960s and early 1970s. The fact that Mr Smith experienced such extreme asbestos exposure into the 1990s is deeply concerning.”

Sweeney said the case reinforces that employers must proactively identify risks, actively protect their workers, and keep themselves informed rather than blindly relying on guidance from manufacturers or suppliers.

In such cases as chemicals or toxic substances are involved, employers must also “remain cognitive of the high duty they owe to their employees and their families”, Sweeney said.

Reflecting on relevant employer misconceptions, Sweeney said some still operate on the basis that asbestos is no longer a risk.

“The ban on asbestos in late 2003 did not eliminate asbestos from our homes, schools, or our workplaces. Asbestos remains a significant risk due to the extensive use of asbestos over many decades prior to the ban,” he said.

For employers, Sweeney urged ongoing and specific training to inform staff and safeguard against exposure.

“Asbestos registers must be implemented and maintained in accordance with the relevant legislation. Additionally, advice should be sought from employers in respect of all likely workplace hazards, including other dusts and chemicals,” he said.

Further, Sweeney urged that pre-2003 buildings be tested and sampled before construction commences, with all asbestos removal and demolition undertaken by the relevant professionals.

“Employers should also respond promptly to concerns raised by employees, because every worker has a right to a safe workplace,” he said.

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