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Mesothelioma, asbestosis
and other asbestos claims...
Getting proper
compensation for victims from UK employers... Long track record of
success for UK & worldwide clients...
ASBESTOSIS & MESOTHELIOMA
ASBESTOS COMPENSATION STEP BY STEP
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Talk things through at no cost......
......with
somebody at partner
level with
decades of experience in advising and representing successfully victims
of injuries, accidents and occupational & industrial disease
conditions.
No surprises and no
hidden costs with our qualified solicitors
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You may have seen in the press or television or heard on the
radio advertisements placed by claims organisations. These
organisations handle bulk personal injury claims by farming them out to
certain solicitors in return for a fee.
These intermediaries are rarely solicitors themselves and may have very
little idea as to how to handle asbestos related industrial disease
claims where the exposure may have occurred anything up to 50 years ago
or more.
We
recommend that you choose a solicitor experienced in the prosecution of
asbestos related cases in the civil courts. There may be numerous
complex issues relating to the asbestos regulations, exposure,
knowledge that exposure to asbestos was a health hazard, lack of
protection and medical issues.
Our solicitors (including membership of the specialist Law
Society Personal Injury Panel) pursue compensation claims for asbestos
disease for clients throughout the world including in Canada, New
Zealand, Australia, South Africa, Netherlands, Zimbabwe, Ireland,
China, Spain, Germany and elsewhere, as well as throughout the UK.
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Go direct to a specialist - best to avoid
intermediaries
Clients'
best interests are usually better served by going direct to independent
specialist qualified solicitors than to "claims management"
intermediaries, who sell clients' cases on in return for "referral
fees".
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We may well be able to offer you a no win - no fee
funding arrangement the terms of which are set out in a Conditional Fee
Agreement.
"... I cannot find words to express my thanks for
everything you have done for us. We would both like you to know how
grateful we are for the way in which you have conducted our
case. You have brought it to a satisfactory conclusion in such a
short time and have made it easier than we ever thought possible."
You
can contact us for a questionnaire by email, by telephone or by post.
When doing so please include your street address and telephone number.
Do I have
a claim?
If
you would like us to consider whether or not you or one of your
relatives or friends may have a claim the best starting point would be
for you to complete our asbestosis/mesothelioma questionnaire.
Proving the claim
Beware "easy-compensation" advertisers. The
reality is that the onus is always on the claimant to prove the
liability of the defendant(s) on the balance of probabilities.
Without such
proof of or acceptance by the defendant(s) of liability (i.e. fault),
there will be no "compensation".
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Proving liability can often be an arduous
battle,with the defendant(s) fighting every step of the way.
It is wise to
consult experienced, qualified solicitors with the specialist
track record in occupational disease claims of this kind to
give the claimants they represent the best chance of achieving the
best results possible.
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Defendants
New defendants who are usually former
employers of those suffering from asbestos related
illnesses disease are cropping up all the time. Here is a list of some
defendants known to us where the courts have found them to be liable to
pay compensation or the cases have settled beforehand. This is just a
small number of the thousands of employers who are sued each year:
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What is
asbestos?
Asbestos is the general name for three main
types of naturally occurring mineral classified as follows:
(a) Chrysotile ® (white asbestos)
(b) Crocidolite ® (blue asbestos)
(c) Amosite ® (brown asbestos)
Each type has different qualities. All are resistant to heat.
White asbestos is soft, silky, flexible yet
tough and is used in asbestos textiles and asbestos cement.
Blue asbestos is harder but still flexible
strong and resistant to acids and is used in asbestos textiles.
Brown asbestos is actually a grey-yellow
colour, is coarse and brittle and used in thermal insulation.
Asbestos was known as the magic mineral as it combined the
indestructibility of rock with the flexibility of silk which meant it
could be woven for many industrial purposes.
Asbestos ban
Blue and brown asbestos were
banned from importation supply and use in Great Britain in 1985.
From
24th November 1999 the importation of white asbestos was banned 5 years
ahead of the European Union deadline but there are numerous products to
which time-limited derogations apply for example; split face seals of
at least 150 millimetres in diameter used to prevent leakage of water
from hydro-electric power.
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 nor under the most powerful optical microscope.
By way of analogy Geoffrey Tweedale in his
book "Magic Mineral to Killer Dust" illustrates the minute size of
individual asbestos fibres:
"2 million fibres can fit on a pinhead; or an inch cube of
asbestos contains 15 million miles of fibre."
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.
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Types 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.
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.
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.
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.
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. A
combination of chemotherapeutic agents Alimta (Pemetrexed) and
Cisplatin have been show in some cases to have survival benefits and
the private cost of such treatment may be claimed.
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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. In mesothelioma claims 100% damages
will be awarded where a negligent employer has been found to have made
a material contribution to the risk that the employee could contract
mesothelioma.
Tracing former
employers
We can obtain your employment history from HM Revenue
& Customs from 1961 onwards. This will reveal the exact name
of your employers if you are having difficulty remembering all your
employments. Where a company has been dissolved it can, in
certain circumstances, still be restored to the companies register. It
is important to locate the employer's liability (EL) insurers
especially if the employer is no longer trading. Where no claim can be
made because the employer has ceased trading and its EL insurers cannot
be traced it may still be possible to claim state benefits. Even
if a company has been dissolved certain courts may hear the claim
without restoring the company to the companies register. This
saves time and expense.
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OUR CLIENTS KEEP 100% OF
THEIR DAMAGES WITH NO DEDUCTIONS
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No surprises
and no hidden costs with our qualified solicitors
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Types of compensation
There are two types of compensation which the courts will
award: general damages and special damages.
General damages
This
is to compensate for pain suffering and loss of amenity caused by the
asbestos related illness.
The 9th edition of the Judicial
Studies Board Guidelines recommends the following amount for the
following illnesses:
Asbestos-related
Disease
Mesothelioma, lung
cancer and asbestosis are the most serious of these. Mesothelioma is
typically of shorter duration than either of the other two and often
proves fatal within a matter of months from first diagnosis. Lung
cancer and asbestosis are likely to have a fatal outcome but the
symptoms often endure for several years. Where damages for pleural
plaques are concerned, note that entitlement to and quantification of
damages are under appeal to the House of Lords at the date of
publication.
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Guideline asbestos
compensation amounts
- 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. The duration of pain and suffering
accounts for variations within this bracket. For periods of up to 18s
months, awards in the bottom half of the bracket may be appropriate;
for longer periods of four years or more, an award at the top end: £52,500 to
£81,500
- 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: £50,000 to £64,250
- 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
progresses to cause severe breathlessness. Mobility is likely 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 £45,000: £30,750 to
£67,500
- Pleural thickening, typically
causing progressive symptoms of breathlessness by inhibiting expansion
of the lungs (the so-called cuirasse restriction). Disease may
gradually progress to cause more serious respiratory disability: £24,500 to
£50,000
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Provisional awards for the least serious cases within
(d) where the provisional award excludes any risk of the development
of mesothelioma, lung or other cancer or asbestosis: £4,250 to £7,000
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The courts are not bound to follow these guidelines but will generally
be persuaded by them.
In many cases the amount of additional special damages far
exceeds the amount awarded for general damages.
Interest on
special damages
Interest is payable at 3.00% per year.
Provisional damages
The
court has the power to award provisional damages when it is more likely
than not that there is a chance that at some time in the future there
will be a serious deterioration of the asbestos related disease.
For example if the claim is for damages for
pleural plaques or pleural thickening you can be compensated for those
illnesses but should the disease worsen into asbestosis or mesothelioma
or asbestos related lung cancer you may be able to go back to court for
more compensation.
Where there is a claim for provisional
damages but the claimant dies before such compensation is made, his or
her estate can continue to claim for the loss.
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Types of occupation where exposure to asbestos has occurred
Over the last 100 years asbestos has been commonly
used in numerous industrial processes and occupations. Those in the
following occupations regularly came into contact with airborne
asbestos fibres:-
aerospace
workers, architects, auto mechanics, boilermen, brake mechanics,
building superintendents, carpenters, construction trades, deck
officers, demolition trades, electricians, engineers, heating
engineers, insulators, labourers, lab technicians, laggers, machinists,
marine engineers, masons, merchant marine seamen, naval personnel, pipe
fitters, plumbers, power station workers, refractory brick layers,
roofers, sheet metal workers, shipyard workers, spouses of exposed
workers, steamfitters, telephone repairmen tilers, welders and window
fitters. |
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State benefits
Industrial disablement benefit
The Benefits Agency
may provide compensation if it considers that you have a disability
caused by asbestosis, diffuse pleural thickening, mesothelioma or
asbestos related lung cancer and that you were exposed to asbestosis
when in paid employment.
For all claims except mesothelioma there is a waiting period of 15
weeks.
If you suffer from any of these you should contact your local Benefits
Agency.
Additional lump sum under the Pneumoconiosis
Etc. (Workers Compensation) Act 1979
Purpose of the Act
To pay compensation
to certain people who are unable to recover damages from their
employers.
Who is covered?
Sufferers from
certain industrial diseases caused by dust, irrespective of industry,
and, if the sufferer has died, a dependant.
Diseases covered
(a) pneumoconiosis
(which includes silicosis, asbestosis, and kaolinosis)
(b) byssinosis
(associated with cotton dust exposure)
(c) diffuse
mesothelioma (asbestos related cancer)
(d) diffuse pleural
thickening (asbestos related)
(e) primary carcinoma
of the lung (asbestos related)
Conditions
of entitlement
(a) Sufferers should
normally be in receipt of industrial injuries disablement benefit
(IIDB) in respect of one of the above diseases. Dependants can claim
(IIDB) posthumously but there are time limits for making posthumous
claims. Claims for IIDB should be made on a BI 100(PN) form available
from the local Benefits Agency office.
(b) The employers who
caused or contributed towards the disease must have ceased to carry on
business, or if they are still trading, there is no realistic chance of
obtaining damages from those employers.
(c) The sufferer or
dependants must not have brought any action for damages in relation to
the disease or received an out of court settlement.
When to apply
(a) Sufferers:
should apply as soon as they think they are suffering from a disease
covered by the Act. They should not await the outcome of a claim to the
Benefits Agency for IIDB.
(b) Dependents:
should apply once they are in receipt of IIDB. If they are time barred
from claiming IIDB they should still apply.
How to apply
Please contact:
Pneumoconiosis Workers' Compensation Scheme
4th Floor Phoenix House
Stephen Street
Barrow-in-Furness
Cumbria
LA14
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This is for general
guidance only. It is not a full statement of the law. You can contact
us for a questionnaire
by email, by telephone
or by post. When doing so, please include your street address and
telephone
number.
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Humphreys
& Co. are not offering a mass-produced legal
product. Clients often prefer our independent approach and our sensitive,
personal case-handling is more likely to bring
effective results......
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Humphreys & Co. are
pleased to support the North Bristol NHS Trust Mesothelioma Research
Fund & the Avon Mesothelioma Foundation
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Tel (0117) (international +44
117) 929 2662
Fax (0117) (international +44 117) 929 2722 |
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Relevant Material
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