Asbestos-Related Lung Cancer - Asbestos Solicitors

Asbestos Related Lung Cancer

Asbestos related lung cancer refers to any type of malignant tumour that originates in the lung tissue itself, unlike mesothelioma, where tumours usually develop in the pleural lining surrounding the lung. This is the same type of cancer commonly caused by smoking.
People who have asbestosis (or diffuse pleural thickening) and also smoke cigarettes are significantly more likely to develop lung cancer than those with asbestosis who do not smoke.

Timescale

It usually takes 20 years or more from the time of asbestos exposure for lung cancer to develop. All exposure to asbestos up to the point when asbestosis becomes clinically apparent is relevant both in terms of future risk and current disability.

Survival rates are typically low. Between 1 in 20 and 1 in 50 individuals with lung cancer are still alive five years after diagnosis.

Evidence

In court, it can be difficult to prove that lung cancer is caused by asbestos dust if you have not already been diagnosed with asbestosis. Without this, compensation may still be possible — but stronger evidence is required.

We will need to obtain medical reports to establish whether your lung cancer is likely to have been caused by asbestos exposure. If tests on your lungs show that you have inhaled a large number of asbestos fibres, this may be enough for a doctor to make that link, even without a diagnosis of asbestosis.

Asbestos related lung cancer benefits

The Department for Work and Pensions (DWP) and the courts are often reluctant to accept a connection between asbestos exposure and lung cancer unless other evidence is available.
The DWP will generally only approve a claim for Industrial Injuries Disablement Benefit if their medical board also confirms a diagnosis of asbestosis or a certain level of diffuse pleural thickening.

Find out more: Industrial Injuries Disablement Benefit – GOV.UK

Contact us for Help and Advice Today

Compensation

If you are successful in making a claim, compensation will usually include:

  • A sum for pain and suffering caused by the asbestos related lung cancer itself
  • Loss of earnings, if the illness has affected your ability to work
  • Care costs, including the support provided by family, friends or professional carers
  • Costs of equipment, such as mobility aids or home adaptations

What if my opponent no longer exists?

Even if the employer or company responsible is no longer in business, we may still be able to recover compensation. If we can trace the company’s insurers, a claim can often still be brought on your behalf.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

If your former employer has ceased trading and no insurer can be identified, you may still be entitled to a one-off lump sum payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

This government scheme provides compensation to qualifying employees who are unable to pursue legal action.

Contact us for help and advice today

If you have been diagnosed with lung cancer and believe asbestos exposure may be the cause, we may be able to help you claim compensation or apply for state benefits.

We offer free initial advice with no obligation, and we act on a no win, no fee basis.

Request a free consultation with one of our experienced solicitors today.

Menu
-->