Asbestosis Compensation Claims

How is Asbestosis Caused?

When someone breathes in airborne asbestos fibres they become trapped in their lungs. The body tries to dissolve the asbestos fibres by producing acid. The acid does little to damage the asbestos fibres since they are very durable and chemically inert. Unfortunately the acid does cause irritation and inflammation of the cells in the lungs and may scar and thicken the surrounding tissue. Eventually a “fibrosis” or scar tissue develops in the spaces around the small airways and the tiny sacks at the end of your bronchial tubes called “alveoli”. The alveoli are where the oxygen from the air enters your blood, and the carbon dioxide from your body goes into the air. Alveoli are very tiny, but you have a lot of them in your lungs. The thickening and scarring caused by the asbestos fibres prevents oxygen and carbon dioxide from travelling between the alveoli and the blood cells, so breathing becomes much less efficient.

Over a period of many years this damage may become so severe that the lungs cannot function. The “latency period”, that is to say the time it takes for the disease to develop, is very long (25 to 40 years).

Asbestosis – Diagnosis/Treatment

The scarring and thickening of the tissues of the lungs cause by asbestos fibres can be seen on x-rays and CT scans which will show a typical fibrotic pattern. There are added chest sounds also called rales, crackles or crepitations that can be heard with a stethoscope. A breathing, or respiratory function, test (sometimes called a “lung function test”, “pulmonary function test” or “PFT”) may also be carried out to check whether the functioning of the lungs has been reduced. A consultant can conclusively identify Asbestosis by taking samples of lung tissue (called a “biopsy”).

Asbestosis affects both lungs (it is “bilateral”) and, although it is mainly in the lower fields of the lungs, it is usually widespread (“diffuse”).

At the moment there is no cure or effective treatment for asbestosis. Some measures can be taken to slow the progression of the disease and prolong life.

What if my Employer No Longer Exists?

Even if your employer is no longer trading we can often still recover compensation by tracing the company’s employer liability insurers. We have a database of insurers which we have built up over many years of dealing with these claims.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

If you are unable to sue your former employer because, for example, they have ceased to trade, then you still may be able to claim under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 which provides a scheme under which qualifying employees are entitled to a one-off lump sum payment. You will usually have to successfully apply for Industrial Injuries Disablement Benefit to qualify for this.