General Asbestos Information

Asbestos was known as the “magic mineral”. It was used for many industrial purposes and many people in the 1900’s used it within their employment. It wasn’t until the mid 1970’s that the dangers of asbestos became generally recognised and action was taken. The individual asbestos fibres can not be seen by the naked eye, nor a normal microscope and when inhaled or ingested, the tiny indestructible fibres lodge inside the body and can not be removed by the body in the normal way. These particles remain latent in the areas and it is often the case that asbestos related diseases do not manifest until decades later.

All types of asbestos can cause disease. Blue and brown asbestos were known to be the most dangerous but white asbestos can cause disease also.

People who regularly came across asbestos as part of their job were:-

• Laggers
• Thermal insulation engineers
• Ship yard workers
• Asbestos manufacturing workers
• Women who assembled gas masks during the war
• Building workers
• Plumbers
• Gas fitters
• Carpenters
• Electricians
• Painters and decorators
• People working in places where other workers are handling asbestos
• People who have washed workers overalls
• People who have lived and played near asbestos factories when they were children

Asbestos can cause various diseases which are:-

1.                  mesothelioma

2.                  lung cancer

3.                  asbestosis

4.                  pleural plaques

5.                  bilateral diffuse pleural thickening

The diseases

 Mesothelioma

Mesothelioma is a form of cancer which affects the thin membranes which line the chest (pleural mesothelioma). Sometimes, but not as frequently, it can affect the linings of the abdomen (peritoneal mesothelioma).

There is usually a period of time between first exposure to asbestos and the development of the mesothelioma is between 15-30 years. Early diagnosis of the disease is difficult and is usually made after scans or biopsies have taken place. These tests in themselves may have taken several weeks to complete.

Following diagnosis, support and specialist help is available and it is recommended that you seek legal advice as soon as possible. Fentons have solicitors who specialist in dealing with mesothelioma claims and can advise on what help is available and where from.

Making a Claim

We would recommend that you seek legal advice from us as soon as you have a diagnosis or suspect you will have this diagnosed. It is important for a solicitor to obtain as much information as quickly as possible from the person who has been exposed to asbestos even when you may not be sure when in the past you have come into contact with asbestos. There are special rules in claiming for mesothelioma and we can take you through this process.  We appreciate that it can be difficult to deal with a legal claim when the diagnosis has just been made but at Fentons we appreciate this and will come and visit personally to ensure your position is best looked after.

If you have a relative who has died recently from mesothelioma it is not too late for legal action to be taken and we would still advise you to get in touch.  There would usually be an inquest shortly afterwards and we can help with this process.

As well as a legal claim against those responsible for exposing you to asbestos there are benefits available which you need to be aware of:

Industrial Disablement Benefit may be paid by the Benefits Agency (DWP) where you are diagnosed from an asbestos related cancer when in paid employment. The application process for this is speeded up where a diagnosis of mesothelioma has been given.

In addition, you may also be entitled to a lump sum under the Pneumoconiosis (Workers Compensation) Act 1979 Scheme. Payment under this can run to several thousand pounds and advice should be sought on whether it can be claimed. The Courts have recognised that claims for mesothelioma need to be treated as quickly as possible. This means that there is a special expedited process for these claims where a Defendant or their insurance company can be found. Compensation can be awarded for the pain, suffering and loss of amenity caused by the mesothelioma and also further compensation can be paid for specific financial losses both past and future which will arise as a result of the illness.

By way of example this could include:-

• medical expenses
• loss of earnings both past and future
• loss of pension
• equipment and aids necessary
• assistance from either family members or paid carers

Lung Cancer

Workers who were exposed to asbestos have an increased risk of lung cancer where there has been significant exposure. There is also evidence that where those exposed to asbestos have also had exposure to cigarette smoking then the combined risk is not merely additive but multiplicative.

There is know way of distinguishing, either clinically or pathologically between lung cancer caused by asbestos and lung cancer caused by smoking and specialist legal advice will be necessary in order to obtain the correct medical evidence in order to prove your claim and that the lung cancer was caused by asbestos.

Where lung cancer is proven to be caused by industrial exposure to asbestos benefits may be awarded such as Industrial Injuries Disablement Benefit.

Pleural Plaques

Many people are diagnosed with pleural plaques following a CT or MRI Scan for an unrelated reason. They may come as a surprise to the sufferer as they do not usually cause any symptoms.

Pleural plaques are often described as fibrosis or calcification or a scarring to the chest wall.

Pleural plaques are an indicator that there has been previous exposure to asbestos fibres. Pleural plaques do not turn into a cancer or other condition. Pleural plaques do not require any treatment.

Because pleural plaques are evidence of asbestos exposure we would recommend that legal advice is sought. 

Benign Pleural Effusions

Pleural effusion is where there is a collection of fluid in the linings of the chest wall known as the pleura. Symptoms sometimes can be a flu like illness, breathlessness and a pain in the effected side of the chest but equally there may be no symptoms.

Similar to pleural plaques, the presence of an effusion may be revealed on chest x-rays but it is then likely that further investigations will be undertaken to ensure that there is not a more serious condition.

A pleural effusion often resolves completely but may sometimes progress to diffuse pleural thickening.  You can claim against employers who exposed you to asbestos for this condition and legal advice should be sought.

Diffuse Pleural Thickening

This is a condition of progressive thickening of the parietal pleura. This is the lining of the chest wall. As the thickening progresses it can cause difficulty breathing and treatment may depend on whether there is asbestosis present or not.

Depending on the severity of the thickening, the condition may be considered a prescribed industrial disease with benefits available.  A claim may also be made against the employers exposing you to asbestos.

Asbestosis

Many people will refer to an asbestos related condition as asbestosis but it is a condition in its own right and separate from other asbestos related illnesses.

Asbestosis is a gradually progressive condition. In the early stages there may be no symptoms at all and there are no characteristic symptoms of the disease. As the disease progresses, the asbestosis victim would generally find that there is more breathlessness and coughing which they may have initially attributed to smoking if this has been one of their past times.

Investigations as to whether asbestosis is the illness can be by way of chest X-ray, lung function test or CT or MRI Scan.

Whether a claim for asbestosis is successful will depend on the extent of exposure to asbestos dust. It would also be necessary to pursue a claim against all parties exposing the victim to asbestos. It requires specialist knowledge to be able to trace the insurance companies of employers where the company has ceased trading and because of this, legal advice should be sought as soon as the diagnosis is made.

Benefits are available for sufferers of asbestosis and your solicitor will be able to provide information about these.