Landmark Ruling Paves Way for Thousands to Make Asbestosis Claim

Have you been exposed to asbestos in the workplace?

A recent landmark ruling by the UK Supreme Court is expected to make it much easier for thousands of sufferers of asbestos-related occupational diseases, along with the families of people who died, to claim compensation.

Bringing clarity to an issue which has left those affected and their relatives not knowing who to rightfully seek compensation from, the court ruled that liability lies with the insurer providing cover at the time an employee was exposed to asbestos - as opposed to the insurer on cover when symptoms first appear, sometimes decades later.

Asbestos is an extremely hazardous material. Before the dangers became apparent it was used profusely throughout buildings from the 1950s onwards.

Prolonged exposure to asbestos can cause a variety of conditions; the most well known are mesothelioma, a type of malignant cancer that develops in the lining (mesothelium) which covers major organs such as the lungs and heart, and lung cancer, a common form of cancer.

The third main disease arising from inhaling asbestos is a less well known condition called Asbestosis.

What is Asbestosis?

Asbestosis is non-cancerous scarring of lung tissue which causes shortness of breath, a persistent cough and chest pain. These symptoms only emerge fifteen to thirty years after initial exposure to asbestos and the disease, although limiting, is often slow to progress.

However, developing asbestosis does place people at higher risk of developing life-shortening conditions, including a 10% chance of developing mesothelioma and up to 50% possibility of developing lung cancer. There is also an increased risk of developing pleural disease, a thickening of the membrane covering the lungs which leads to chest pain and difficulty breathing.

Deaths from asbestosis are still relatively rare. Latest figures from the Health and Safety Executive (HSE) show that the number of deaths from asbestosis in Great Britain stood at 412 in 20101, compared to 2,3472 caused by mesothelioma.

But because of the length of time it can take for asbestosis and mesothelioma symptoms to manifest, medical experts predict that the number of deaths won't peak until 2015.

Causes of Asbestosis

Prolonged exposure to asbestos is the primary cause of asbestosis. The most toxic forms of asbestos were banned in 1965, whilst white asbestos, Chrysotile, remained in use until 1999.

Although prohibited now, asbestos was used in a wide range of building materials, including pipe insulation, ceiling tiles and sprayed coatings and it is still possible to find asbestos in older buildings today.

For this reason it is important to be aware of what asbestos looks like, particularly if you regularly come into contact with building material. This doesn't necessarily mean working in the construction industry; anyone who drills, hammers or works with old buildings, such as fixing phone and computer cables, should be familiar with asbestos.

Types of Asbestosis Claim

If you are diagnosed with asbestosis, as well as being eligible to claim certain state benefits, you may also be able to seek compensation from your previous employer.

Industrial Injuries Disablement Benefit (IIDB) - asbestosis is classed as an industrial disease. If you were exposed to asbestos during your employment after 4 July 1948, you may be able to claim weekly payments.

The amount you can receive for an asbestosis claim depends on the severity of your condition and you will usually undergo a specialist medical assessment. If you think you may be entitled to claim visit: https://www.gov.uk/industrial-injuries-disablement-benefit/overview

Additional Benefits - If you are unable or can't take civil action against a former employer because they are no longer trading, because asbestosis is a type of Pneumoconiosis (an occupational-related lung diseases) you may also be eligible for a lump sum payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979.

Civil claim - You can also make a civil claim for compensation against your previous employer through the courts. The first step is to seek professional legal advice. There are lots of solicitors who specialise in asbestosis claims, many of whom operate on a 'no win, no fee' basis.

The amount of compensation you can secure will vary according to your specific circumstances but will take into account a range of factors, such as how asbestosis affects you day to day, your care costs (both now and in the future), necessary home modifications and any financial loss you may have incurred, or are likely to incur, as a result of your condition.

With the UK Supreme Court's ruling placing responsibility with the insurer at the time an employee was exposed to asbestos, rather than the onset of symptoms, it is likely to pave the way for thousands more people to make successful asbestosis claims against previous employers.

If you are in the unfortunate position of having been diagnosed with asbestosis, or are a relative acting on someone with asbestosis' behalf, and would like free, no obligation legal advice on any aspect of making an asbestosis claim our solicitors are happy to help. Simply type in your query here http://www.how-to-claim-compensation.co.uk/contact and our industrial disease compensation lawyers will respond within the hour or call us in confidence on 01722 422 300.