Here at The Legal Line, our lawyers are experts in making compensation claims for victims of industrial diseases caused by exposure to asbestos. They can offer specialist guidance, assistance and claim advice for anyone who believes that they, or a member of their family, have been affected, to reach the best possible outcome. In some cases it is also possible to make a posthumous compensation claim for a person that has died because of asbestos.
If you or a member of your family is suffering from an illness caused through exposure to asbestos, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Experts in Industrial Disease
Diseases Caused by Asbestos
Where is Asbestos Commonly Found?
Who is likely to be affected by asbestos related diseases?
How many people are affected by asbestos related diseases?
The Claims Process
Compensation
How Much Compensation am I Likely to Receive?
Successful Compensation Claims for Asbestos Related Diseases
Letters of Thanks from Our Clients
Useful Links
Ian McFall works with the national asbestos team for The Legal Line Lawyers. Ian's reputation as one of the leading experts in asbestos litigation has been acknowledged in "The Legal 500" directory where he is described by insurance company solicitors as "a formidable opponent".
The dedicated team of specialist lawyers at the Thompsons offices are described by Chambers UK 2006 as "personable and co-operative" and "putting the claimant at the centre of the issue". The team excels at claims arising from industrial disease and employers liability, with "a strong human angle" and "experience and a vast degree of knowledge" in the field.
Our lawyers have handled many industrial disease cases, recovering compensation on behalf of their clients. They have specialist asbestos teams covering every part of the country. Cases and issues they have been involved in include the following matters detailed in our news section:
You can also visit our success stories section for more details of these successful asbestos disease claims:
£300,000 compensation awarded for Mesothelioma victim - The widow of Ray Kerrigan recovered compensation from his former employers with help from our specialist lawyers.
South African Mineworkers win Asbestos payout - Our solicitors helped to set up a compensation trust for mineworkers in South Africa exposed to asbestos.
There are several diseases and conditions that can be caused by exposure to asbestos, which usually (but not always) occurs in the workplace. These include:
Asbestosis
Pleural Plaques
Pleural Thickening
Mesothelioma
Lung Cancer
Some of these illnesses are serious and can be fatal; others such as pleural plaques cause worry and stress to the sufferer.
As asbestos was used widely in the building industry until the 1980s, many buildings including factories will contain some form of asbestos. So long as the asbestos has not been damaged or disturbed it is generally safe, however if asbestos fibres become airborne they can be very harmful to humans.
Common places that asbestos can be found include:
If you find that you live or work in a building that contains damaged asbestos, you should report it immediately so that it can be carefully and safely removed.
Asbestos has been used for centuries because of its ability to give protection against a wide range of conditions such as resistance to very high temperatures, cold, noise, energy loss, vibration and many more. A great many workers exposed to asbestos were not provided with sufficient protective equipment, leaving them at risk of developing asbestos related illnesses.
The dangers from asbestos exposure were realised in the early part of the 20th century and the risk of really serious conditions from even minimal exposure became known in the 1950’s and 60’s. Despite this, asbestos continued to be used in considerable quantities and for this reason, it still exists in many buildings today. Left untouched and undamaged, it poses little threat but there is always a risk that building maintenance, building refurbishment, construction works or even cleaning around asbestos lagged pipework will disturb it and release the fibres into the environment.
As well as workers who were engaged in the asbestos production industry, there are a number of industries and trades which are potentially still at risk. Those involved in asbestos production and application are of course those most at risk, together to a lesser degree with those involved in its removal if proper precautions are not taken. Currently the occupations not directly involved in its production which have been found to have the highest risk of mesothelioma for males are:
• Metal Plate Workers
• Vehicle Body Builders
• Plumbers and Gas Fitters
• Carpenters
• Electricians
• Sheet Metal Workers
• Electrical Plant Operators
• Production Fitters
• Construction Works
• Electrical Engineers
Generally, these can be associated with industries such as locomotive building, shipbuilding and railway carriage construction which involve the installation of lagging to building or industrial plant, as well as the building or maintenance industry which has claimed over 25% of those dying from mesothelioma. This last of course is the area which may still hold a risk of exposure.
The HSE has stated that asbestos is the greatest single cause of work related deaths in the UK and as well as the major diseases (asbestosis, mesothelioma, asbestos-related lung cancer and diffuse pleural thickening) current evidence suggests it may be implicated in causing other diseases such as pharyngeal, stomach and colorectal cancers, and can also cause laryngeal cancer.
Latest projections provided by the HSE suggest that the number of people likely to die as a result of this exposure is still on the increase and likely to continue rising until at least 2011 and possibly longer since the exact number of people exposed is unknown, and most asbestos related diseases only become manifest more than 10 years (and often around 30 or 40 years) after exposure.
In 2004, the latest year for which the HSE has data, almost 2000 people died of mesothelioma, and the best guess by the HSE is that a further similar number died of other lung cancer illnesses caused by the exposure.
Neither must it be underestimated the number of sufferers who will experience non-malignant asbestos-related diseases. Each year, according to the Department of Work and Pensions, the number claiming compensation for the prescribed occupational disease of asbestosis has risen to the current level of over 800 in 2005, and a further 400 plus claiming disablement benefit for diffuse pleural thickening.
Of course these numbers only reflect those claiming benefits, and the real figure may be considerably higher as some sufferers chose not to (or are not aware that they are able to) claim these benefits.
If you wish to find out more details about asbestos and the risks, you will find the HSE website details in our Useful Links.
Our lawyers are always campaigning for the rights of asbestos victims and their families, visit our campaigns section for further information.
If you or one of your family members is unlucky enough to suffer from a disease caused by asbestos, there is a chance that you will be entitled to make a personal injury compensation claim.
Our lawyers will endeavour to:
Medical evidence will be required to show the precise nature and extent of the condition suffered by a claimant and that it has been caused by exposure to asbestos.
Asbestos disease takes many years to develop after exposure. By then the person you need to make a claim against (most likely a former employer) may no longer be in business. The Legal Line Lawyers have an extensive database of records of companies which used asbestos and who insured them, together with all the knowledge and experience of how to pursue companies which no longer exist. This is a very specialist area of expertise. Pursuing these claims is complicated and is best dealt with by an experienced personal injury lawyer.
In any personal injury claim it is necessary to show that the person or company you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent or in breach of their statutory duty), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
The Legal Line lawyers have vast knowledge of and experience in how to interpret the many statutory provisions (in some cases going back over 75 years) which apply to the use of asbestos in the workplace.
They will need to find out if you still have contact with colleagues or friends who did the same work as you and if you have any records of employment to support your claim.
However, The Legal Line lawyers have extensive knowledge of how to help you find supporting evidence, and indeed in some cases can provide relevant evidence from their own database of witnesses and claimants in previous cases going back over several decades.
They know how to go about obtaining records of employment. So, do not worry if you no longer have these or have lost contact with your old work colleagues. The Legal Line lawyers will work to assemble all the evidence that is required to support your case.
There is a time limit for bringing legal claims. In asbestos disease cases the victim normally has 3 years from the date they are told or should have realised they are suffering from a disease caused by asbestos in which to bring legal proceeding .
In cases where the victim has died, the time limit for the estate (usually the widow) to bring the claim is 3 years from the date of death.
In both cases, even if the time limit has expired, it may still be possible to pursue a claim, relying on the court’s discretion. It is always crucial to seek legal advice as quickly as possible. The Legal Line lawyers will advise you in detail on any matters relating to time limits, and will, once instructed, pursue your case vigorously with a view to obtaining the best compensation in the minimum time.
If, for any reason, a legal claim is not possible, again they will advise you as quickly as possible and explain the reasons in plain English.
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This part of the compensation award is called general damages and reimburses you for the injuries you suffered and the effect of these injuries on your life (including the effect on your ability to do things that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc). It also covers future losses such as any future loss of earnings, pension loss, future care requirements, any aids and equipment that may be required, and so on. The award for loss of amenity will depend on how serious your condition is.
The second element of a compensation award is for your past losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.
If you are unlucky enough to suffer an asbestos condition where there is a risk of serious deterioration (for example if you have asbestosis and there is a future risk of mesothelioma) you may be entitled to ask for a provisional award of damages. This compensates you with an award of compensation on the assumption that your condition will not deteriorate, but allows you or your family to go back to court for a further award if the worst happens. Alternatively, you can accept a final award if you so wish. The Legal Line lawyers will advise you what the best course of action is in your case and explain the options in plain English.
If an asbestos victim has already died, it is still possible for a claim to be pursued by the family. If the claim is successful, the compensation award for pain and suffering will go to the victim’s estate (very often the widow for example), and there may also be an award under the Fatal Accidents Acts.
The same applies if the claimant dies while the legal case is proceeding. The Legal Line lawyers will be able to continue with the case so as to obtain compensation for the victim’s family and explain who is entitled to the award.
The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in an industrial disease claim. These include the severity of the condition, any loss of earnings and other losses related to the illness (for example medical expenses and care costs).
Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our personal injury news and success stories sections.
Below are details of just a few of the many successful cases handled by our specialist lawyers on behalf of the victims of asbestos related illnesses and their families:
Asbestos disease claim for railway worker: Our specialist industrial disease lawyers were instructed by a union to pursue a case for mesothelioma compensation for a client who had been exposed to asbestos during his work as an engine cleaner and a fireman in a railway depot. Sadly, our client died soon after we were instructed and we were then asked to continue to represent his widow in pursuing the claim for this work related disease.
For over 10 years he had been employed to clean locomotive engines which had required him to disturb asbestos around boilers. He was also required to renew and repair asbestos joints on steam pipes, using asbestos cord which he kept in the pocket of his overalls. In his later role as railway fireman he continued to be exposed to asbestos.
During his retirement our client began suffering progressively distressing symptoms of this work related disease for some 2 years prior to his death. Initially his shortness of breath, tiredness, and weight loss became rapidly more pronounced causing increasing and relentless pain and breathlessness. Following his initial visit to his GP, he was referred to the hospital for tests. He was kept in the hospital for a number of weeks whilst he underwent x-rays, biopsies, and had to have a chest drain inserted to remove fluid which was found on his lungs. For some time tests proved inconclusive, but eventually he was diagnosed with mesothelioma due to exposure to asbestos, with a life expectancy at this point of no more than a few months.
A devoted family man and grandfather our client was devastated by the news, as were his wife and family. He was prescribed morphine as part of his pain management and became dependant on mask-fed oxygen. He died only 2 months after being diagnosed. The coroner returned a verdict of death due to industrial disease.
Our Solicitors brought Court proceedings against his employers for a mesothelioma compensation claim. However a settlement was reached with the insurers without any need for the widow to attend Court. The specialist lawyers who work in our Asbestos Litigation Team were able to secure a substantial sum for the client in settlement of this asbestos related compensation claim.
Industrial disease compensation for factory employee's widow: Retired and in his late 60’s, our client’s husband had been employed for many years at various factory locations operated by the defendant, spanning a period of some 20 years. During this time he had held several positions including plumber’s mate, boiler house attendant and a pipe fitter. In 2004, after an illness of a few months, her husband died as the result of asbestos related mesothelioma due to inhaling asbestos fibres during the course of his employment. One of our personal injury lawyers who specialises in mesothelioma compensation claims, was asked to provide compensation claim advice and then to represent the client in bringing the claim for mesothelioma compensation.
His work brought him into constant contact with boilers and pipework which were lagged with asbestos. In order to repair or replace these pipes, he would have had to disturb the asbestos, and in some cases strip it out completely. Not only would he have inhaled the asbestos fibres generated by the disturbance, but the dust would contaminate his clothes and overalls which then had to be taken home for washing.
During the period he was employed by the defendants, he was also involved in cleaning air filter extractors, and cleaning the inside of boilers, with the subsequent disturbance of asbestos material which was in a poor state due to its age. The ceiling and roof panels of the boiler houses were also lagged with asbestos, giving further rise to exposure to asbestos dust. No extraction or ventilation was available, and he was not provided with any protective mask or local exhaust ventilation / protection measures to reduce the risk of contracting an industrial disease.
Private case for mesothelioma caused by asbestos exposure: In less than a year, our client’s husband had developed pains in his stomach and had died from mesothelioma. He had developed this incurable industrial disease through a lifetime exposure to asbestos whilst working on the railways and at a chemical plant, progressing through a number of positions to that of foreman / supervisor.
Retired, he had always helped his wife with the housework, shopping, DIY, maintenance, and even taking the dog for a walk. The everyday tasks which we take for granted, but because of her own arthritis, she will now need additional help.
The asbestos was stored at some of these locations without any form of covering. During the course of his work, he was exposed to asbestos dust from lagging used on the steam engines. Whenever the asbestos was removed from the pipework it would be damaged, releasing asbestos fibres and dust into the air around them. Much of the lagging would already be deteriorating due to age and wear and tear, again allowing the fibres to be released into the air.
After suffering the stomach pains for some months, her husband had visited his doctor who referred him to the local hospital for an x-ray. He was immediately taken into hospital where various tests and observations revealed that he was suffering from the asbestos related disease, mesothelioma. Their daughter was able to help nurse her father who required around the clock care in his final weeks, and tragically, it was only weeks later that he died.
The cancer, which had been triggered by this work related illness, had spread to other parts of his body and near the end he was in a great deal of pain, very tired and breathless all the time.
Although not a member of a union, our specialist asbestos solicitor took on this case as a private claim and were successful in obtaining over £100,000 for this mesothelioma compensation claim at no cost to our client.
Widow wins asbestos compensation for husbands exposure to asbestos fibres: Having initially worked as a turner, and then spending time as an electrician in the Royal Navy, our client’s husband returned to civilian life as an electrician in a power station. Although not directly working with asbestos, for several years he was exposed to asbestos at work on a daily basis. He worked on installations or maintenance in or around the boiler room at the same time as the laggers and fitters were working with asbestos on the pipes.
The air in the boiler houses and surrounding vicinity were constantly filled with asbestos dust, which was allowed to fall from the pipes, and would often be thrown around giving the effect of a snowstorm. Of course, this resulted in our client’s husband and his colleagues routinely inhaling the asbestos fibres. In addition, his overalls, which he had to bring home for washing, would be covered with asbestos dust. He was never provided with protective clothing, or warned of the dangers of industrial diseases caused by exposure to asbestos.
Although he had been advised some years prior to his death that he had scarring on his lungs due to asbestos, the cause of his death was a combination of diseases, all of which had resulted from the exposure to asbestos. During the last months of his life he developed frequent chest infections, was constantly coughing, and was provided with an inhaler. He became more breathless as the months wore on and became frustrated as his lack of mobility meant he was unable to enjoy even occasional trips to visit friends or the theatre.
At an early stage in this asbestos compensation claim, the defendant admitted liability and it then became a case of negotiating an appropriate level of compensation for our client. Thompsons Solicitors, our specialist lawyers, have a reputation for successfully obtaining compensation for asbestos related claims and were able to secure £55,000 in settlement.
The following are extracts from letters of thanks to our solicitors. Some are written by victims of asbestos related diseases and others by family members on behalf of relatives who have died:
Our lawyers have a long reputation for fighting for compensation for clients suffering asbestos related diseases. Through their work they have established strong links with many other organisations who also exist to support those suffering, particularly asbestos support groups. Below you will find links to support groups and other organisations which you might find useful or informative if you or someone you know has been affected by exposure to asbestos:
TUC / HSE Brief Guide to the Control of Asbestos Regulations 2006 - A summary of the new regulations aimed at safety representatives, with information and advice about asbestos in the workplace.
Directgov - Advice on what to do if you believe that there may be asbestos in your home.
NHS Direct - Information about asbestosis and other asbestos related diseases, their symptoms, how they are diagnosed and methods of treatment.
Health and Safety Executive - Information about asbestos, where it is found, who is at risk of exposure and the regulations affecting asbestos use and disposal.
Asbestos Support Group Forum - Advice and information for the victims of asbestos related illnesses, including details of campaigns.
British Asbestos Newsletter (BAN) - Information from around the world about asbestos related topics.
Cheshire Asbestos Victims Support Group - A charity campaigning to support those affected by asbestos.
Greater Manchester Asbestos Vctims Support Group - Answers to common questions about asbestos and general information about current issues, asbestos related illnesses and benefits that victims can claim.
Merseyside Asbestos Vctims Support Group (MAVSG) - Support and advice for the victims of industrial illnesses caused by exposure to asbestos.
Ridings Asbestos Support and Awareness Group (RASAG) - Useful information guides on issues relating to asbestos.
Industrial Injuries Disablement Benefit (IIBD) - Department of Work and Pensions information page on IIDB.
Cancerbackup - Information, advice and contacts for sufferers of asbestos related cancers.
Asbestos Removal Contractors Association (ARCA) - Contacts and information on asbestos removal in the UK.
"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."
Charles
