STEP BY STEP GUIDE

 

 

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.

 

 

 

 

 

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.

 

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".

 

 

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:

 

What is asbestos?
Asbestos is the general name for three main types of naturally occurring mineral classified as follows:

 

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.

 

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. 

 

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. 

 

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. 

 

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 8^th edition of the Judicial Studies Board Guidelines recommends the following amount for the following illnesses:

 

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.

 

(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. 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: £47,850 to £74,300

 

(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: £45,800 to £58,500

(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 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 £40,750: £28,000 to £61,500

 

(d)     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: £22,400 to £45,800

 

(e)      Pleural plaques involving some, but limited, disability. May also be accompanied by psychological injury causing disability: £6,100 to £7,125

 

(f)       Provisional awards for cases otherwise falling within (e) or the least serious cases within (d) where the provisional award excludes any risk of the development of  mesothelioma, lung or other cancer or asbestosis: £4,000 to £6,100

 

The courts are not bound to follow these guidelines but will generally be persuaded by them.

 

Interest on general damages
Interest is payable on general damages at 2% per year from the date of service of the court claim form.

 

Special damages
This is to compensate for all the specific financial losses both past and future which arise as a result of the illness and which are reasonably foreseeable. These may include but are not limited to the following:-

 

(a) medical expenses;
(b) loss of earnings;
(c) loss of pension;
(d) care, aids and equipment;
(e) dependency claim;
(f) funeral and testamentary costs;
(g) bereavement damages;
(h) DIY;
(i) gardening;
(j) window cleaning;
(k) decorating and house maintenance.

 

 

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.

 

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:-

 

 

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.

 

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.

 

(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)

 

(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.

 

Phoenix House

Stephen Street

Barrow-in-Furness

Cumbria

LA14 1BY

(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.