Asbestos – claiming industrial disease compensation for mesothelioma

6 questions have been answered below, why not ask your own?

Mesothelioma is a form of cancer that affects about five times more men than women, largely due to the fact that most cases are caused by exposure to asbestos at work. It’s is an awful disease from which many sufferers face the most serious of consequences. Mesothelioma is also known as ‘asbestosis’ and this is the term commonly used when people are claiming industrial disease compensation as a result of inhaling asbestos fibres.

Asbestos was originally intended to be used as a material to make life safer as it offers a fire retardant material that will not burn. It was because of the perceived benefit to health and safety – in that it would prevent or minimise fire risk – that it was often used in the building of schools, hospitals and office blocks built from the mid 1940’s onwards. It was easily worked with, so was used as a fireproof material on walls or around pipework. People were working without the knowledge of the risks to health and without breathing apparatus or protective equipment, clothing or training.

What is mesothelioma and who can get it?

Mesothelioma can affect anyone who has come in to contact with asbestos dusts or fibres. The disease has resulted in a considerable amount of deaths and serious health implications to those who worked with the material from the middle of the 20th century. In 2011, the Health & Safety Executive (HSE) reported that asbestos fibres and mesothelioma was linked to over 4,500 deaths. It is now believed that it kills around 5,000 people annually.

The dangers to health from exposure to asbestos have been known since the 1960’s. When asbestos panels or sheets are cut or broken, some fibres are released in to the air that if then inhaled, attach to the lining of the lungs like little hooks and cause scarring. This will then either cause pleural plaques or mesothelioma. The symptoms of people suffering from these conditions are known to be ongoing coughs, shortness of breath and chest pain.

Health and safety law dictates that employers ensure all staff working with asbestos materials were given specific training and personal protective equipment to minimise the risk of inhalation of asbestos dust or fibre. The majority of our mesothelioma claimants were exposed to asbestos through:

  • Workplaces where asbestos was used on a regular basis, such as the building industry, heavy industry such shipbuilding, and also in the manufacturing sector.
  • Working in public buildings with a large volume of asbestos, such as schools, hospitals and local government.
  • Childhood – many children went to school in buildings laden with asbestos and played in fields next to factories or manufacturing plants where asbestos was regularly used.
  • Secondary inhalation claimants – spouses and partners of workers who worked in or near asbestos rich areas. Many such mesothelioma sufferers inhaled asbestos dust/particles when washing or handling work clothes. Some even inhaled such fibre directly from the skin or hair of their loved one.

Why claim mesothelioma compensation?

There are many motivating factors as to why anyone would wish to pursue a claim for compensation. With mesothelioma, the reason is obvious. At best, someone with mesothelioma will suffer a loss in lung function and physical ability that will reduce their quality of life, and at worst, it becomes a terminal illness.

Anyone who has been given the shocking diagnosis of an asbestos related disease like mesothelioma will need expert medical care and support. They will also need to know that their loved ones will be looked after once they are no longer able to care for them. Claiming compensation will ensure that all of these needs are met.

We understand that compensation settlements don’t remove the pain or distress caused by mesothelioma, but they can greatly ease the stress levels faced by the sufferer and their family. A compensation settlement can help:

  • Give peace of mind that any funeral costs will be met
  • Allow a sufferer to provide for their loved ones’ futures
  • Provide finance to get better care or make amendments in the home to improve quality of life
  • Pay for the cost of living whilst undergoing health treatments or recovering from surgery

People claiming compensation for asbestosis or mesothelioma recently received good news thanks to a court case that strengthened their position in the process of claiming industrial injuries compensation.

At Direct2Compensation we understand just how dire and distressing life with mesothelioma can be. Not only does it seriously reduce the quality of life for those living with the condition, it almost always leads to an earlier death than normal. We can’t fix the problem, but we can offer a small glimmer of hope and positivity. We can help you to understand your rights, take the first steps in claiming compensation, and our expert solicitors will ensure that you obtain a maximum settlement.

6 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Tom

    Hi,

    My employer is constantly putting operatives at risk by not following asbestos procedures.

    The asbestos team is completely corrupt I woudnt have time to explain it all on here.

    The thing is, I can’t prove I’ve been exposed but I can prove the constant negligence, mistakes, cutting corners, cover ups etc with plenty photos and documents which has left me suffering from stress, anxiety and depression for the last 4 years or so, to this day, where it is still happening.

    I want to leave but feel trapped and worried about money to put my notice in. I don’t feel it’s fair that I’m being pushed out though and basically made to leave over fear of both my physical and mental health.

    I started to pursue this as a claim a couple of years back but everywhere I explained this to just kept telling me unless you’ve been diagnosed with an asbestos related disease, there woudnt be grounds to claim.

    I understand this side of it but surely I don’t deserve to live with this daily anxiety around my job and my employer shoudnt be getting away with what they are doing.

    I’ve taken this as far as I can go within the company and they just protect theirselves by using HR and SMT to cover things up and belittle you.

    I’d really like some help with this, I’ve been suicidal at work at times (which I’ve also told them about, twice) I work alone in empty houses too and this just hangs over me.

    I’ve given them chances to correct everything and they’ve failed to do anything, time and time again.

    I would like to be paid off or recieve some compensation to help with finances until I find a way to make more money.

    Thanks

    Reply
    • Ian Morris

      The potentially serious and clearly worrying health and safety breaches you mention from your employer regarding their handling of Asbestos and the possibility that they have exposed you and others to the risks of asbestos inhalation is certainly something that you should take action on. However, as you have been told previously, without having any evidence that you are suffering with an asbestos inhalation related health condition, there is no possible route to pursue a claim for personal injury compensation at this time. Whilst you may be stressed and anxious, it will be extremely hard to run a claim for that and in all probability, it is not something that a Solicitor would be able to look at on a No Win No Fee basis.

      Given your concerns about your employers handling of this matter, you should put the concerns and worries you have to your employer in writing. You should also contact the relevant authorities such as the HSE and seek their involvement.

      Reply
  2. John

    My case is Asbestos in the work place. i know u can’t claim for something you you haven’t got but might get. But myself and some work colleagues were sent into a area that we were told was clear of Asbestos by our employer, H.S.E, who themselves were working of a report from OHSS who is one of the biggest Asbestos experts in Ireland, and we then found out that this report was wrong and the area we were in is full of Asbestos. We now know that our employer is seeking legal advice on what to do with OHSS, so we were wondering were we stand?

    Reply
    • Ian Morris

      You mention Ireland? Were you working in Ireland at the time? If so, you’ll need to consult someone qualified to advise legally under Irish Law.

      Reply
  3. Della

    Mesothelioma case submitted by solicitor 9 month ago. Liability still hasn’t been accepted. Solicitor is not worried but I am. What should I do now?

    Reply
    • Ian Morris

      It can be very frustrating when you have a long period of time between claim submission and the defendants admitting liability. In your case, it could well be that there is more than one defendant and that detailed evidence is required and needs to be considered before any decisions can be made.

      If your Solicitor is not concerned, then you probably should not be either. However, if you are not confident in your Solicitor, you should express that concern to them and ask them to clarify to you in writing as to the current state of play with your claim.

      Reply
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