What are the main asbestos diseases that people get?
The main asbestos diseases are;
– Mesothelioma
– Asbestosis
– Pleural Thickening
– Asbestos lung cancer
– Pleural plaques
Out of the five diseases listed, it is possible to make a claim for asbestos disease compensation in all cases, with the exception being pleural plaques (in England & Wales). This is because of a House of Lords decision in 2007 which brought the right to claim for pleural plaques compensation, to an end. It is still possible to claim for pleural plaques in Scotland, where the law is different to the rest of the country.
So, if I have pleural plaques, should I not get in touch with a solicitor?
Yes, please do. Certainly, the asbestos and mesothelioma claims solicitors at Bridge McFarland would be more than willing to talk with you. Whilst it isn’t any longer possible to claim compensation for pleural plaques, the condition is a sign of previous asbestos exposure and can sometimes (not always) lead to a more sinister asbestos condition. By contacting us we can advise you of the potential symptoms of other asbestos conditions to look out for and you will have a ready point of contact in us, to get in touch with, if you have further concerns.
How do people get asbestos disease?
Most people who get one of the asbestos diseases, do so as a result of having worked with it, or having worked in an environment where asbestos was being worked on, by one or more of their colleagues. By ‘working with it’, we mean as a result of cutting, drilling or otherwise using asbestos in a way that the fibres of asbestos are made airborne. Generally speaking, asbestos that is left untouched does not constitute a danger.
If asbestos disease was banned as long ago as the 1980s and 90s, how can it be possible that I have been diagnosed with asbestos disease only recently?
It is true that asbestos was finally banned in its entirety in 1999. The more dangerous blue and brown asbestos had already been banned before then, in 1985. However, it is a strange phenomenon of asbestos disease that the period between getting exposed to asbestos (sufficiently for it to cause an asbestos disease) and the disease actually starting to show itself in the affected sufferer through symptoms, is in almost all cases, a very long time. The period is usually no less than 10 years, more likely, no less than 20 years and can be as much as 40 years or even more. That can mean that for someone being diagnosed with asbestos disease here in 2018, the exposure that caused the illness, may have taken place as long ago as the 1970s or even earlier. This period you will often hear as being referred to as the ‘latency’ period.
I have recently been diagnosed with an asbestos disease. I was exposed to asbestos many years ago, though. Isn’t it now too late to make a claim for compensation?
No. Someone who has been exposed asbestos is unlikely to have symptoms of asbestos disease for a very long time after being exposed, as described earlier. It might therefore be anything between 20 and 50 years after exposure that they are first diagnosed with an asbestos disease. The time limit for starting a claim for asbestos disease compensation is 3 years. The 3-year period starts to run from when they were diagnosed with asbestos disease or when they knew, or ought to reasonably have known, that the asbestos exposure they had suffered so may years ago, was causing them harm. It is important that anyone who starts to experience asbestos disease symptoms gets to see their doctor as quickly as possible.
So, what are the symptoms of asbestos disease?
– A dry cough that won’t go away
– Shortness of breath
– Pains or tightness in the chest
– Loss of appetite
– Swelling of the arms and face
– Fever
– Fatigue
As can be seen, the symptoms are generally non-specific. By that we mean that they may also be symptoms of minor ailments. This is why the first time the sufferer of an asbestos disease becomes aware of their condition is when they visit the doctor, often thinking they have nothing more than a bad cough, a heavy cold or some other fairly minor illness. Those who worked with asbestos should get any of the symptoms described above, checked over by their GP, at the earliest opportunity.
What if the company that I worked for when I got asbestos exposure, no longer exists?
By instructing an expert asbestos disease compensation solicitor, you will find that they may well still be able to pursue a compensation claim for you. The main issue is not so much whether the company still exists (the exposure to asbestos that causes asbestos disease, is likely to have happened many decades before the asbestos illness is diagnosed). The main issue is whether the company had an insurance policy that will cover a claim for compensation and whether that policy can be traced. From 1972 onwards, all employers were required by law to have employer’s liability insurance. Many companies kept themselves insured, prior to that date in any event.
Specialist asbestos disease solicitors keep extensive lists of companies together with the insurance details of the companies that insured them, just for this purpose. This is where an experienced asbestos disease law firm, like Bridge McFarland solicitors will use all its knowledge, resources and experience to trace not only the possibly now defunct company, but more importantly, their insurance details.
What if the company didn’t have any insurance?
If, despite all efforts it is impossible to trace any insurance or if it is established that the company was not insured at the time (for instance if an individual’s exposure to asbestos all took place prior to 1972 and the company or companies concerned were not insured) then it may still be possible to claim one of a number of benefits such as Industrial Injuries Disablement Benefit (IIDB) or a lump sum payment from the Department of Work and Pensions (DWP). It may also be possible to claim one or more benefit even if you are able to make a civil claim for asbestos disease compensation against the company or companies where exposure to asbestos took place. However, in such cases the amount of benefit a claimant receives from the government (in the case of a lump sum payment) will be offset against any compensation received in the civil compensation claim. Applying for any asbestos disease benefits, can be quite daunting. Most of the benefits that you might be entitled to, have strict time limits in which to make a claim, often within 12 months of diagnosis of an asbestos disease. The asbestos disease solicitors at Bridge McFarland would be happy to assist anyone who might be considering applying for any of these benefits. Call James Burrell on 01482 730326 or Leanne Keating on 01482 320620 for more information.
I was in one of the armed forces where I got exposure. I now have asbestos disease. Can I still claim for asbestos disease compensation?
Many members of the armed forces were exposed to asbestos during their time in one of the services – British Army, Royal Navy or RAF. Those who served in the navy were particularly at risk as asbestos was, due to its heat resistant properties, used extensively as lagging and insulation on pipes and boilers onboard ships.
The year 1987 is the important date where asbestos exposure amongst armed services personnel is concerned. If the exposure during service took place before 1987, then unfortunately it is not possible to make a claim for compensation for asbestos disease compensation. This was because prior to a piece of government legislation known as The Crown Proceedings (Armed Forces Act) 1987 it was not possible to bring a compensation claim against the Crown, which is what is effectively being done if a person sues any of the armed services.
The 1987 Act of Parliament, took away this immunity from the Crown and therefore if a person was or is exposed to asbestos as a result of their employment in one of the services, after the 1987 Act came into force, and this later results in their getting an asbestos disease, a claim for asbestos disease compensation may be possible.
It was my husband/wife who had an asbestos disease. He/she has now died. Can I make a claim on his/her behalf?
When a person is diagnosed with asbestos lung disease or particularly mesothelioma, sadly the disease often progresses very quickly. Mesothelioma sufferers often pass away from their illness within 12 to 20 months of being diagnosed. For living asbestos disease sufferers, the time limit for bringing a claim is within 3 years of their diagnosis (or within 3 years from the date that they know or ought reasonably to have known, that their exposure to asbestos had caused them harm). If the person dies within that 3-year period, then there is a further period of 3 years from their death within which a claim can be made by their dependants, or by their estate. The claim will be made by the executors named in their will (on behalf of the beneficiaries of the deceased, as named in the will). If they died without making a will then it will be the administrators of the estate who bring the claim. The administrators will usually be the deceased’s next of kin and this is as set out by the law.
Will I be able to pursue a claim for asbestos compensation on a No Win, No Fee agreement?
Yes, you can. The whole idea behind ‘No Win, No Fee’ agreements is that your solicitors will carry out all the work for you and you only have anything to pay (known as a success fee) if you are successful in recovering compensation. In relation to many asbestos related disease compensation claims, Bridge McFarland solicitors won’t charge you a success fee.
I have been diagnosed with mesothelioma, but although my husband worked with asbestos, I didn’t. How can I have got an asbestos disease?
Often those who worked with asbestos carried asbestos fibres or dust home on their overalls or work clothes. There have been utterly tragic cases of the children or wives of asbestos workers getting mesothelioma as a result of hugging their loved one as he came in through the door from work and inhaling the fumes that were on his clothes. More frequently there have been instances of wives getting mesothelioma from washing their husbands work clothes. In doing so they inhaled asbestos fibres.
If you have been exposed to asbestos in the past and have recently been diagnosed with an asbestos related condition please get in touch with our specialist asbestos and mesothelioma solicitors Leanne Keating or James Burrell on 01482 320 620 to see if we can assist.
