|
|||||
Asbestosis Compensation Claims
A side effect of the use of asbestos is that those involved in the manufacturing of asbestos, or in applying the asbestos in its various forms, may suffer from varying forms of disease. Anyone coming into contact with asbestos is at risk and this includes spouses and families of asbestos workers. Dockworkers involved in importing the material in its basic form in sacks were exposed to asbestos, as were power station workers, plumbers and heating engineers. Builders stripping out lagging were also at risk.
1. Three types of asbestos compensation claim:
Asbestos is the general name for three main types of naturally occurring minerals
classified as follows:
(a) white asbestos – commonly used in cement and textiles
(b) blue asbestos – used in asbestos textiles
(c) brown asbestos – used in thermal insulation
Exposure to any of the above can cause a number of diseases which often give rise to a claim for compensation.
2. Why is asbestos a health hazard?
Asbestos fibres are the smallest natural fibres known. An individual asbestos
fibre cannot be seen by the naked eye or under the most powerful optical
microscope.
When inhaled these tiny indestructible fibres work their way to the lungs, the lining of the lungs (the pleura), the alveolar ducts and the alveoli and the membrane surrounding the abdomen (peritoneum).
Indestructible inhaled asbestos particles remain latent in these areas and it is often the case that asbestos related respiratory diseases do not manifest until decades later. It is only then that most claimants seek advice from a specialist claim solicitor.
3. Examples of asbestos related illnesses:
Pleural plaques:
These are areas of inflammation which affect the pleura. Minor asbestos exposure
can still result in pleural plaques. Plaques do not generally cause pain
or breathlessness and can be asymptomatic although their presence can cause
anxiety. The presence of pleural plaques may be enough to give rise to a
claim for compensation.
Pleural thickening:
These are similar to pleural plaques but they affect more of the pleura. Pleural
thickening may cause breathlessness and/or chest tightness. It is normally
caused by heavy asbestos-exposure. Evidence of pleural thickening may give
rise to a claim for compensation and damages.
Asbestosis:
This is a type of fibrosis affecting the lung. Asbestosis can cause breathlessness
and a cough. It is usually caused by relatively heavy asbestos exposure.
Asbestosis and pleural plaques or thickening may occur together. There are
differing degrees of asbestosis. The disease can degenerate although this
is not inevitable. A claimant who has contracted asbestosis may well be entitled
to make a claim for compensation.
Lung cancer:
Lung tumours are normally seen in those who have been heavily exposed
to asbestos dust and who may be heavy smokers as well. The symptoms are:
prolonged period of coughing, sputum, occasionally blood in the sputum,
lack of appetite and weight loss. If it can be shown that a claimant's
lung cancer has been caused by exposure to asbestos then a claim for compensation
may be appropriate
Mesothelioma:
This is a tumour of the pleura. It occurs in a small minority of people who
are exposed to asbestos. Symptoms include chest pain, breathlessness and
loss of appetite and weight. There is no relationship between smoking and
mesothelioma. There are different types of mesothelioma but unfortunately
they are all incurable. It is therefore advisable to either claim compensation
or seek some compensation advice.
4. Can I make a claim for compensation?
If it can be proved on the balance of probabilities that unlawful exposure
to asbestos fibres occurred at the work place and has caused the asbestos
related illness complained of then the courts will award compensation (damages)
against the employer. Where no claim can be made because the employer has
ceased trading it is still possible to claim state benefits.
5. Amount of compensation claimed:
This is to compensate for pain suffering and loss of amenity caused by the
asbestos related illness.
Mesothellioma lung cancer and asbestosis are the most serious of these. The first is typically of shorter duration than either of the two and almost always proves fatal within a period of between six and 18 months from the first diagnosis.The second and third, again are likely to have a fatal outcome but often endure several years.
(A) Mesothelioma causing severe pain and impairment of both function and quality of life. This may be of the pleura (the lung lining) or of the peritoneum (the lining of the abdominal cavity); the latter being typically more painful and suffering accounts for variations within this bracket, three to four years justifying a compensation award at the top end and between six and nine months towards the bottom end of this bracket. £40,000 to £60,000
(B) Lung cancer, again a disease proving fatal in most cases, the symptoms of which may not be as painful as those of mesothelioma, but more protracted. £40,000 to £50,000 is the normal range for compensation payments.
(C) Asbestosis, causing impairment of the extremities of the lungs so that oxygen uptake to the blood stream is reduced. In the early stages the disease may be symptomless but progress to cause severe breathlessness. Mobility is likey to become seriously impaired and quality of life reduced. Respiratory disability of between 10 and 20 per cent will probably attract an award in the region of £25,000 to £55,000.
(D) Pleural thickening, typically causing progressive symptoms of breathlessness by inhibiting expansion of the lung ( so-called cuirasse restriction ). Disease may gradually progress to cause more serious respiratory disability. £20,000 to £40,000.
(E) Pleural plaques involving some, but limited, disability and often putting continued employment in jeopardy because of the diagnosis of the disease. £15,000 to £20,000.
(F) Provisional awards for cases otherwise falling within ( e) or the last serious cases within (d) where the provisional award excludes mesothelioma, lung or other cancer or asbestosis. £5,000 to £25,000.
The courts are not bound to follow these guidelines but will generally be persuaded by them. For compensation and injury advice from a specialist claim solicitor simply complete the 'industrial disease claim assessment form'.
 |
|
 |
|||||
|
|
|
|||||
 |
|
 |
