<< Back to Main Industrial Disease Claims Page
ASBESTOS RELATED DISEASES
The Use of Asbestos
Those who have worked with Asbestos will know it as an extremely versatile product. In its various forms it can be made very hardwearing, durable or flexible as required. It also has the benefits of extremely good heat and fire resistance. As a result it was used widely in the building industry as well as many other industries in its heyday. It was used for cladding walls, ceilings and for other insulation purposes. It was also used in the ship building industries and for the lagging of boilers and pipe work.
Because of its versatile nature it was often used by builders and carpenters in construction. It was used by pipe laggers who would apply the asbestos or strip it off for renewal or to allow access for repairs. But it was not only these trades that came into contact with asbestos. Electricians and plumbers would strip or cut asbestos to allow cable or pipe work to be run. Painters and decorators would frequently scrape or sand asbestos as preparation work.
These types of work would take place in thousands of locations up and down the country, be they manufacturing industries, domestic or commercial premises and wherever there was a boiler room such as schools and hospitals.
With all of the versatility of asbestos its use became widespread during the 20th Century.
But there was a downside. Since the late 1800's it was known that exposure to asbestos dust was bad for health. It was known that fibres of asbestos dust, once inhaled, became deposited in the Pleura (lining of the lung) and other parts of the lung. The body could not break these fibres down (asbestos is a Greek work meaning inextinguishable or indestructible) and so the fibres remained dormant eventually manifesting themselves as the medical conditions detailed below.
Unfortunately, although many employers knew of the dangers of working with asbestos they continued to expose their workforce to it. Products containing asbestos used in those industries were relatively cheap and employers thought it made commercial sense to continue using these products without providing workers with adequate protection from it.
Asbestos had no respect for those who came in contact with it. As well as those workers above, people became exposed to asbestos dust indirectly. As an example, the wife of a person working with asbestos may have shaken dust and fibres from the clothing or overalls of their husband after they returned from work. Thereafter they may have washed the garments. There have been cases of this secondary exposure recently brought in the Court of Appeal. Indeed our specialist team recently recovered significant damages from the Ministry of Defence on behalf of a daughter of an employee at HM Dockyard, Devonport who assisted her Mother with the washing of her Father's clothing after he had been exposed to asbestos. There have also been cases involving people who lived near asbestos factories contracting asbestos related conditions.
Medical Conditions associated with exposure to Asbestos
Pleural Plaques
The majority of people affected by asbestos exposure suffer from this condition. The pleura is the outer lining of the lung. Fibres of asbestos cause scarring to the pleura which are described as plaques. These plaques show on a chest x-ray as a form of shadowing.
Benign pleural plaque causes no disability or symptoms and can take at least 12 to 15 years, and often much longer, to develop from the time of exposure to asbestos to the fibres forming plaques.
Pleural Plaques have no effect upon lung function save in rare cases where exposure to asbestos must have been extensive. They may however cause anxiety in a person in that they may develop into a more serious condition.
Pleural Fibrosis/Pleural Thickening
This is not scarring but actual fibrous damage to the pleura which causes the pleura to thicken. It is important for any medical expert to specify whether pleural fibrosis/thickening has its origin in asbestos exposure because there are other causes of this condition, for example old infections, tuberculosis or earlier rib trauma.
It naturally follows that this is more significant than pleural plaque in that there will be a restriction of the lung and it can cause breathlessness. Any progression of this disease can reduce life expectancy.
Asbestosis
This is a progressive disease and it is often possible for a chest physician to give a prognosis for the future. For this condition to develop there normally has to have been extensive exposure to asbestos material over a prolonged period of time. It generally does cause breathlessness and tiredness.
The condition may also be known as Pulmonary Fibrosis or Interstitial Fibrosis and again it may have been caused other than by asbestos exposure. It is therefore important for a Doctor to distinguish whether the condition has been caused by asbestos exposure.
Lung Cancer
The condition of lung cancer is primarily associated with the inhalation of cigarette smoke but it is now widely accepted that the risk of developing lung cancer can increase with asbestos exposure. Again medical evidence is required to support any contention that a lung cancer has developed as a result, in some part, of exposure to asbestos.
Mesothelioma
This is a cancer/malignant tumour and although some doubt was cast upon its origins, i.e. some experts suggesting other causes, it is now believed that the only cause of this illness is exposure to asbestos. There have however been a small number of cases of mesothelioma where the individual cannot demonstrate any known past exposure to asbestos material.
It is widely accepted that the minimum period that must elapse between exposure and the development of this condition is 15 years but often it will take very much longer, sometimes as much as 40 years or more.
Often extensive exposure to asbestos is required but the condition can also develop where there has only been relatively minimal contact with this material. The condition can also develop where there has been no previous evidence of pleural plaque or plural fibrosis.
Unfortunately, mesothelioma is a fatal condition which can develop rapidly along side symptoms of sweating, breathlessness and tiredness.
Legal Issues
Because employers either were or should have been aware of the health risks caused by asbestos many many years ago, it is possible in some cases to bring a civil claim against the employer or the Insurance Company who insured them at the time that the exposure to asbestos took place. The claim is based in negligence or breach of a statutory duty in that responsible employers should have taken reasonable steps to protect workers and others from exposure to asbestos. Because of the complexities of bringing these claims it is advisable for anybody who fears they may have been exposed to asbestos to instruct a Solicitor to act on their behalf. Our specialist team are extremely experienced in dealing with claims of this nature.
In addition to a claim against an employer or their Insurance Company who has exposed an individual to asbestos material, a person also has a possibility of making a claim to the Department for Work and Pensions under the pneumoconiosis panel. Although awards tend to be lower than a civil claim, it is intended to help those who are not able to bring a civil claim for whatever reason. The payment is based on a formula under the Workers Compensation Act 1979. It is not however possible to bring a claim to the Department for Work and Pensions if you only suffer from pleural plaque. Assistance can be given with regard to applications to Department for Work and Pensions.
If you are diagnosed with suffering from an asbestos related condition it is essential that you seek legal assistance at the earliest possible opportunity as there is a time limit for bringing such claims.
Other Respiratory Diseases
There are a number of other diseases which may be caused by a person's current or former occupation, for example silicosis, occupational asthma and chronic obstructive pulmonary disease (COPD) to name but a few. These illnesses can be caused by working with chemicals or other materials and again to properly investigate a potential claim for one of these illnesses, specialist legal advice is recommended.