What is Asbestos?

Asbestos is a heat retardant material made from a combination of six natural fibres mined in countries around the world including South America and Canada.

These fibrous materials are:

• Actinolite
• Tremolite
• Amosite
• Crysotile
• Crocidolite
• Anthophyllite

Asbestos is used in the manufacturing of many products such as roof tiles, floor tiles and brake pads and was once a common material used in insulation wraps for domestic and commercial water pipes.

Most people have been exposed to asbestos as some point in their lives and a minimal amount of exposure is relatively safe. The problems truly begin when an individual is exposed to large quantities of asbestos over long periods of time.

What is Asbestosis?

Asbestosis is a disease which is caused by the inhalation of asbestos fibres.

The fibres penetrate the soft tissue in the lungs and, in turn, the body attempts to dissolve these fibres by producing acid but, because the fibres are too large to be dissolved, the acid being produced ends up burning and scarring the lungs.

Sometimes the burning and scarring caused by the acid becomes so severe that the lungs cease to function properly.

In many cases asbestosis can take up to 20 years to develop and it is estimated that around 20 trades people a week die from asbestos related diseases.

When an individual is diagnosed with asbestosis due to over exposure of asbestos they have a right to make a claim for compensation.

Asbestosis claims can be dealt with either on a full and final basis, meaning that the claimant will receive one agreed compensation pay-out, or on a provisional damages basis, which means that, if the disease becomes significantly worse, the claimant can return to court to make a further claim for compensation.

Compensation pay-outs for pain and suffering for victims of asbestosis can be anywhere between £10,000 and £60,000 depending on the severity of the disease.

Making an Asbestosis Claim

If an individual decides to pursue a claim for compensation due to asbestosis then the most common course of action is via a ‘no win no fee’ claim.

The ‘no win no fee’ option means that, if the claimant is unsuccessful, they will not have to pay any solicitor’s fees and their insurance will cover all the defendant’s costs as well as any medical report fees incurred.

If the claimant is successful then the defendant will be responsible for both his own and the claimant’s court costs, all solicitor’s fees and compensation pay-outs.

Usually an asbestosis claim is made against the claimant’s previous employer but, in some cases the claimant may be able to claim compensation through the government run FSCS scheme.

This usually occurs when the claimant’s previous employer cannot be traced or the previous employer’s insurance company has become insolvent.

The claim will be handled by a personal injury solicitor who will need to gather the following information from the claimant in order to prepare the case:

• Reports from all doctors, consultants and therapists who have treated the claimant

• The type of treatment the claimant is currently receiving

• How the disease affects the claimant’s day to day life

• The severity of the disease

• Whether the disease has caused the claimant any loss of amenity – When the individual can no longer carry out or partake in particular activities which gave him pleasure and enjoyment

• Whether the disease is becoming progressively worse

• Expenses incurred from treatment, prescriptions and travelling to hospital and appointments

• Any loss of earnings as a direct result of the disease

Compensation

If the claimant is successful and wins their case they will be awarded compensation. The compensation will be calculated according to the individual’s circumstances and severity of the disease and will take into account the impact the disease has had on the claimant’s life, any loss of amenity, any loss of earnings as a direct result of the disease and all expenses incurred as a result of the disease.

Successful Asbestosis Claims

Mr. M worked in an iron and steel works in the 1960’s. The 72 year old developed both asbestosis and pleural thickening as a result of prolonged exposure to asbestos. After a successful claim Mr. M was awarded a full and final compensation pay-out of £45,000.

Mr. W spent 33 years working as an electrical fitter in a power station. The 81 year old developed asbestosis as a direct result of exposure to asbestos in the workplace. Mr. W’s claim was successful and he was awarded £19,000 on a provisional compensation claim basis.

As stated above, we will update further very soon. Get in touch with any comments or questions.