Asbestos Related Lung Cancer

Asbestos Related Lung cancer refers to any type of malignant tumour that originates in the lung itself (unlike mesothelioma, where the tumours usually occur in the pleural lining around the lung.) This is the same sort of cancer as that caused by smoking. People who have asbestosis (or diffuse pleural thickening) and who also smoke cigarettes are much more likely to get lung cancer than people who have asbestosis and are not smokers.

Timescale

It usually takes 20 years or more from being exposed to asbestos before lung cancer develops. All asbestos exposure up to the time of development of clinically obvious asbestosis is relevant both in terms of future risks and current disability.

Between 1 in 20 and 1 in 50 individuals with lung cancer are still alive 5 years after the diagnosis is made.

Asbestos Related Lung Cancer – State Benefits

The Department for Work and Pensions (“DWP”) and courts are very reluctant to accept the connection between lung cancer and asbestos in the absence of any other evidence.

The DWP will only accept benefit claims if their special medical board also diagnose asbestosis or a certain amount of diffuse pleural thickening.

https://www.gov.uk/industrial-injuries-disablement-benefit

What if my Opponent No Longer Exists?

Even if your opponent no longer exists we can often still recover compensation for you if we can trace the company’s insurers.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

If you are unable to sue your former employer or other opponent 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.

Evidence

In a court action, it is often difficult to prove that lung cancer is caused by asbestos dust if you do not already have asbestosis. It is therefore difficult, but not impossible, to get compensation for lung cancer unless you also suffer asbestosis. We will need to obtain medical evidence to prove that the lung cancer is related to your exposure to asbestos

If tests on your lungs show you have inhaled a large number of asbestos fibres, this may be sufficient for a doctor to attribute your lung cancer to asbestos exposure, even without you suffering asbestosis.

Compensation

If you are successful with a claim you would usually recover a sum for pain and suffering caused by the asbestos related lung cancer itself. In addition, you will get compensation for loss of earnings, and the value of care your family and friends give you, the cost of professional nursing care and any special aids/adaptations you need to buy.