Asbestos

Asbestos related diseases are predicted to rise to about 10,000 deaths a year in Britain by 2015. There is usually a long delay between first exposure and the onset of asbestos related diseases.

Asbestos Illnesses

The main asbestos related illnesses are:

  • Asbestosis – fibrosis or scarring of the lungs caused by exposure to high levels of asbestos dust. The condition develops slowly and incapacitates the victim over a long period of years.
  • Pleural Plaques – plaques or scarring are areas of thickened pleura (the lung lining) which can be seen on x-rays. The scarring is usually symptomless but is an indication of a possible risk of further asbestos illness rising in the future. The House of Lords ruled on the 17 October 2007 that victims with this asbestos related condition will no longer receive compensation.
  • Diffuse Pleural Thickening – thickening of the lung walls due to scarring caused by asbestos. This condition can cause increasing breathlessness.
  • Mesothelioma – a form of cancer almost exclusively caused by exposure to asbestos dust. It affects the lining of the lungs, chest wall or abdomen. Section 3 of the Compensation Act 2006 allows Mesothelioma sufferers to recover full compensation from any relevant employer. This measure offers redress to victims affected by the House of Lords Judgment in the case of Barker v Corus UK plc.
  • Lung Cancer – there is a recognised association between lung cancer and exposure to asbestos dust.

Medical Assistance

In the first instance, if you are worried that you may be suffering from an asbestos related illness, you should contact your own GP who will in appropriate cases refer the patient to their local Specialist Chest Unit.

Benefits Advice

Further information on Government Benefits can be obtained either from your local Benefits Agency or through your local Citizens Advice Bureau.

For detailed advice you should contact the Benefits Agency – Industrial Injury Section at:

Job Centre Plus, Federated House, 29/31 Hensford, Yeovil BA20 1UU.
Telephone: 01935 463100

Industrial Disablement Benefit

This is available to victims of all asbestos illnesses (save pleural plaques). The claim form (B1.100PM) is available from your local Benefits Agency.

Pneumoconiosis etc (Workers’ Compensation) Act 1979 Award

A capital payment is made by the Department of the Environment Transport & Regions (DETR) to victims with an element of disablement arising from serious asbestos related disease where firstly no court action has been instituted for damages and no out of court settlement has been received; and secondly, the employers who caused or contributed to the disease have ceased to carry on business or, if they are still trading, there is not a realistic chance of obtaining damages from them.

The claim forms should be obtained from:

DETR, Zone 4/13, Great Minster House, 76 Marsham Street, London SW1.
Freephone: 0800 279 2322

Winterbothams LLP

3/7 Rowcroft, Stroud, Glos GL5 3BJ
Tel: 01453 847200 Fax: 01453 751997