Legal Services
Asbestos Related Disease
- Asbestos disease compensation claims
- Medical effects of asbestos exposure
- Asbestos - The Facts
- Where can asbestos be found?
- Who is the most at risk of asbestos related diseases?
- Choosing a specialist solicitor to pursue your Asbestos claim
- What can I claim?
- Time limits
- Asbestos - The deadly "Wonder Material"
- The future for asbestos claims
Asbestos disease compensation claims
At least 2000 people are diagnosed with Asbestos related diseases each year, but the numbers are expected to rise until 2020 because of the time lag between exposure and the onset of the disease.
If you are suffering from an asbestos related disease you could be entitled to claim compensation and any losses incurred as a result of the illness.
Until recently asbestos was used in a large number of industries and many people who develop related diseases have come into contact with it through work.
Exposure can cause a number of diseases:
Because of the time delay between exposure and the onset of symptoms it can sometimes be difficult to pinpoint the source of the exposure. Graysons solicitors are experts in this field and we can help with claims even if you don’t know who is responsible for your exposure. We can pursue compensation claims against multiple employers if you were exposed in more than one job, we can even pursue claims where the employer no longer exists.
Relatives can also claim on behalf of someone who has died from an asbestos related condition. It may be possible to claim for loss of financial dependency as well as for the pain and suffering which the deceased endured.
We act for individuals who have worked in all types of industries and we also act on behalf of the NUM (Derbyshire area). Our specialist team has an excellent track record in securing compensation for asbestos related illnesses and would be happy to give you a free initial consultation.
Medical effects of asbestos exposure
As we breathe, we also inhale dust and other particles that are present in the air. The body’s natural defence mechanisms manage to combat most of these and prevent them from causing damage to the lungs.
However, asbestos fibres are very tiny and sharp. Because of this they penetrate deep into the lung tissue, causing scarring or fibrosis as the body’s natural defences attempt, and fail, to rid the lung tissue of the invasive asbestos dust.
Below are some examples of the conditions which can result from exposure to asbestos:
Pleural Plaques
Pleural plaques come about when asbestos fibres invade the pleura, or lining of the lung, causing it to become thickened and later calcified (hardened). Rarely disabling in themselves, these plaques indicate that the person is at risk of later developing a more serious asbestos-related condition.Pleural Thickening
This condition involves thickening of the pleural membrane covering the lungs, preventing them from expanding and contracting properly, and causing breathlessness. As with pleural plaques, the sufferer could develop a more serious asbestos-related illness at a later stage.
Asbestosis
Symptoms include shortness of breath, first after heavy effort, and later at rest; a persistent cough, tightness of the chest, chest pains and spasms; also ‘clubbing’ or swelling of the fingers and toes. It takes many years to develop this condition with increasing disability.
Lung Cancer
Certain forms of lung cancer are caused by exposure to asbestos. Anyone who develops lung cancer and knows that they have been exposed to asbestos in the past should consider making a claim for compensation, even if they are a smoker.
Mesothelioma
This is a rare form of cancer which has a long latency period, in some cases developing several decades after first inhaling the fibres. This incurable disease affects the lining of the lung or abdomen; it causes a great deal of discomfort for the sufferer.
Asbestos – The Facts
- Asbestos is thought to cause more deaths in the workplace than anything else. In fact, more people in the UK lose their lives as a result of exposure to asbestos than in car accidents.
- Illnesses contracted as a result of exposure to asbestos can take around 20 to 30 years to manifest, sometimes even longer.
- Exposure to the deadly fibres is known to cause severe lung disease, including asbestosis – or scarring (fibrosis) of the lung tissue – tumours and lung cancer.
- Around 5,000 people die each year in the UK from asbestos-related illness. That’s 13 people every day.
- People exposed to asbestos are five times more likely to develop a tumour or cancer of the lung than those not exposed. The odds of becoming ill increase to 55 times if the person exposed is also a smoker.
- Because of the time lapse between exposure and development of any ill effects, the numbers of those falling ill as a result of asbestos exposure are expected to rise to around 10,000 a year by 2010.
- Before these numbers begin to fall, around 250,000 people in Britain will have lost their lives as a result of asbestos exposure.
- Since 1997, the Midlands region has seen 2,352 people die from asbestos-related diseases, with 1,632 losing their lives in Yorkshire & Humberside.
- The problem is not confined to the UK. According to the United Nations International Labour Organisation, asbestos is responsible for 100,000 deaths annually.
Where can asbestos be found?
Asbestos use over the years has been widespread:
- Pipe and boiler lagging in power stations and other premises
- Roofing sheets on buildings as well as gutters and pipes
- Cement products
- Train carriage products
- Brake and clutch linings
- Gas fires and ovens
- Floor and ceiling tiles
Who is most at risk of asbestos related diseases?
Those at highest risk from developing an asbestos-related condition are people who in the past directly handled asbestos in their jobs, for example:
- Workers applying or removing asbestos insulation (lagging)
- Construction workers
- Shipyard workers
- Others in the building trade (roofers, joiners, painters, electricians, etc.)
People involved in refurbishment and demolition are also at risk because of the possibility of disturbing asbestos fibres contained in those buildings.
Although it is rare, some of the most tragic situations of asbestos-related illness occur when a member of the family of an asbestos worker becomes ill as a result of shaking out and washing work clothes and inhaling the asbestos fibres.
Choosing a specialist solicitor to pursue your Asbestos claim
It is important to choose specialist solicitors to pursue this type of case.
The industrial disease team at Graysons is well established and has a track record for successfully pursuing this type of claim; we have handled well over 16,000 industrial disease claims to date.
This kind of experience means that the firm has solid relationships with appropriate medical and other experts, unions and support groups. It has also allowed us to develop a record of employers where asbestos exposure has occurred and their insurers, which can be used to assist with other claims.
What can I claim?
If you have been exposed to asbestos and suffer from an asbestos related condition you may be able to recover compensation in relation to your condition and any losses or expenses incurred as a result. This is known as a ‘civil claim’ and would usually be made against your employer(s) where the exposure took place.
It is necessary to investigate whether the firm(s) against whom the claim is to be made still exist and to find their insurers. Quite often firms have gone out of business given the time that may have passed from the exposure to the diagnosis of an asbestos-related condition. There are searches that can be made to show what has happened to the firm(s) concerned and importantly to locate their insurers.
To succeed with a claim it has to be shown the firm(s) were at fault in relation to the exposure by negligence and/or in breach of their statutory duty, for example providing masks or taking other steps to protect from the risks of exposure.
Graysons can help you in pursuing a civil claim. We will discuss the circumstances of your case free of charge and advise whether or not you have a claim. If you decide to proceed with the claim we will guide you through the various options for funding a case, including trade union funding, no win-no fee (conditional fee funding) and legal expense insurance cover.
Claims can still be pursued where the person exposed to the asbestos has sadly died. In other cases claims have been pursued where the asbestos-related condition has resulted through indirect exposure, for example living close to a factory where asbestos was produced or used by washing asbestos-contaminated overalls.
The compensation obtained is usually in the form of a one-off payment, although cases can also be settled on a provisional basis where appropriate. This would usually be where a person suffers from an asbestos-related condition and is likely to develop a more serious condition later. This would allow the case in effect to be re-opened should that condition develop.
Time Limits for Asbestos claims
There are time limits for commencing Court proceedings with this type of case. This is normally 3 years from the date you became aware that you suffer from an asbestos-related condition. The court does have discretion to allow cases to proceed outside that period although only in limited circumstances. There are also similar time limits in relation to cases where the person exposed has died which would need considering by your solicitor.
Asbestos - The Deadly ‘Wonder Material’
Asbestos, the one time ‘wonder material’, both versatile and fire retardant, with infinite industrial and household uses, has been used for thousands of years, but only began to be exploited on a commercial basis towards the end of the 19th century.
Although the negative effects on health were recognised more than 100 years ago, the substance has been used widely, in particular as an insulation and fireproofing material, for example in the construction and shipbuilding industries as well as in many other industries.
A mineral, asbestos is mined from serpentine rock. Its fine fibres are both soft and strong, making it applicable to a range of different uses.
There are three types of asbestos: brown (amosite), blue (crocidolite), and white (chrysotile). Since 1999 the importation, use or sale of asbestos has been banned in the UK and Europe, but it is still mined in Russia, Canada and South Africa.
An estimated 500,000 buildings in Britain – including schools, hospitals, office blocks and factories – still contain six million tonnes of the substance.
In its undisturbed state it poses no threat, but when fibres themselves are released into the atmosphere and inhaled, this can have serious consequences for a person’s health. Not everybody becomes ill, although anyone who believes they have been exposed to asbestos should undergo a health check and see their GP for further advice.
The real tragedy is that many employers knew of the dangers, yet failed to take steps to protect their employees and those exposed from the risks posed by asbestos exposure.
Also, because of the latency period between exposure and contracting an asbestos-related illness, it is only now that the number of those affected is beginning to rise as more and more people become ill with various asbestos-related conditions.
The Future for Asbestos claims
The law is constantly changing, but the changes often occur after much damage has already been done. It was not until 1999 that white asbestos was finally banned in the UK. Up until that point many thousands of people have had their lives cut short, or live in pain and discomfort today, because of previous exposure to asbestos; still more will suffer in the future.
Because asbestos was used widely in construction and renovation in previous decades, the substance is still present in many buildings – and therefore represents a potential risk.
New rules were introduced in 2004 to compel employers to check for asbestos in the workplace, and take appropriate action to manage the risk it may pose to workers.
This means that the range of people vulnerable to asbestos today is no longer confined to those working in the manufacturing and construction industries. Teachers, health service workers, in fact anyone unlucky enough to be working in a contaminated building could be exposed to the deadly fibres.
This means that now, more than ever before, people must be vigilant.
If you think you are at risk, raise your concerns with the body that manages the building concerned. If you are not happy with the response, take your grievance to the Environmental Health Department.
The bottom line is – do not delay. Act now if you are concerned. Protect yourself and others who you think could be at risk.
And if your health has already been affected by exposure to asbestos, take legal action now.
Contact us for a consultation.
Elizabeth CJ Newbold ~ David P Coffey ~ Jonathan F West ~ G Neil Dring