Inhaling asbestos dust can cause both benign and malignant diseases of the lungs and pleura (the lining around the lungs) many years later. The diseases caused by asbestos can be broadly categorised as follows:
- Asbestosis : fibrosis of the lungs caused by asbestos. This condition rarely develops less than twenty years after the start of exposure to asbestos, and is often found after longer intervals. The typical features include increasing breathlessness and later cough.
- Pleural plaques : common type of benign pleural disease where the outer lining of the chest cavity thickens. Again, the plaques rarely develop less than twenty years after exposure to asbestos. Generally, there are no physical symptoms but the diagnosis causes understandable anxiety. There are increased risks of future malignancy.
- Diffuse pleural thickening : thickening of the pleura, often associated with fluid in the pleural space. Again, this usually occurs after more than twenty years from exposure. There is usually some breathlessness and disablement. There are increased risks of malignant conditions.
- Mesothelioma : this is a malignant tumour commonly found in the lining around the lung and abdominal cavity. There is generally at least a twenty year time delay from exposure to illness. The tumour surrounds and compresses the lung. Typically there will be a speedy onset of breathlessness. The prognosis is poor with average survival only around fourteen months from onset of symptoms. Mesothelioma is relatively resistant to any treatment.
- Lung cancer : asbestos causes all the common types of lung cancer. The risk increases with the dose of asbestos. The period between exposure and illness can be less, sometimes only ten years. Again, the condition is associated with breathlessness and chest pain.
Making a personal injury claim
In order to succeed in a claim for damages for personal injury caused by exposure to asbestos dust, we will need to show that, typically your (former) employer, or occasionally another organisation, was at fault in exposing you to asbestos dust. The defendant's conduct will be measured in the context of knowledge and prevailing practice at the material time, often many years ago. Legal expertise is needed to guide you through the quagmire of statutory duties owed by such organisations at the relevant time.
Funding your claim So far as funding a legal claim is concerned, you may have legal expense insurance, often attached to household insurance. Alternatively, we may be able to pursue the claim through a conditional fee agreement, commonly known as a "no win no fee" arrangement. (See also Funding your claim)
Current and former trade union members may have the support of their union to pursue the legal case.
Medical reports
We will need to obtain a medical report from an expert chest consultant which will help us to establish whether you are suffering from a chest illness likely to have been cause by exposure to asbestos in the past. A detailed employment history will be needed from school leaving to retirement. The experts will need to know the precise nature of the job and the frequency of exposure to asbestos dust.
It is also important to establish when you first knew you were suffering significant chest illness and that it is likely to have been work related. You normally only have three years from this date to issue court proceedings.
Even if your former employers are no longer trading, it may still be possible to claim from their former insurers. The Association of British Insurers have a special scheme in place to assist with tracing old insurers. The Inland Revenue should also be able to produce an employment history since 1961.
We will need to take a detailed statement from you outlining all training and instruction given in respect of asbestos hazards, together with whether any warnings were given and if so whether they were enforced. Witness statements from fellow workers may also help to bolster a claim.
The statement will outline the effects of the illness on your work and home life.
Compensation
If you succeed in your claim you will receive compensation for both the injuries suffered together with any financial losses caused by the illness. This can include loss of earnings, loss of pension and damages for care and assistance which can be substantial. We will ensure that you receive all that you are entitled to. Most cases can be resolved without the need to attend court.
Anyone who does bring a claim is under a duty to mitigate their losses and clients are advised to keep copies of job applications and replies together with any documents detailing re-training courses. It is also helpful to record Job Centre visits and meetings.
Injured victims are usually entitled to receive non-means tested Industrial Injuries Disablement benefit and should complete Form BI100 and take this to their local benefits office.
Finally, even in a situation where a former employer has ceased to carry on business and where no court proceedings can be brought, it still may be possible to receive a State funded payment under the Pneumoconiosis (Workers Compensation) Act (1979). There is no need to prove negligence and this will be quicker than bringing a civil claim. Successful applicants receive a tax free lump sum, although this will normally be lower than damages under a civil claim. A claim can be pursued following a fatality by either the widow/widower or other dependents.
We appreciate that diagnosis of an asbestos related condition can be daunting enough, and our specialist team has considerable experience in bringing successful claims.
For further information please contact: Mary Duncan