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Asbestosis Compensation Claims

Asbestosis is a progressive crippling respiratory disease that was first found in naval shipyard workers. It is caused by inhalation of asbestos fibres and usually strikes workers in the shipbuilding / ship repairing, textile, cement and insulating industries.

Serious asbestosis is usually caused by heavy exposure to large quantities of asbestos fibres. Either a sustained exposure over a period of years (e.g. a long time worker at an asbestos textile plant) and/or intense exposure for a shorter period (e.g. a worker in the boiler or engine rooms of ships under construction.) The specific type of asbestos fibre to which the worker was exposed does not seem to be significant in the development of asbestosis.

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).

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Asbestosis – Symptoms

The symptoms of asbestosis typically include shortness of breath, coughing, a dry crackling sound while inhaling and chest pain.

Often, not all of these symptoms will appear straight away. Asbestosis is a slow progressing disease that may show no symptoms for 10 to 30 years after exposure to asbestos.

Once the process of inflammation and scarring of the lungs has been started by the asbestos fibres, the disease can continue to progress. This is even after the exposure to asbestos has ceased. As the disease progresses, the symptoms can worsen.

You may initially only experience shortness of breath during heavy exertion. Over time breathlessness may be caused by lower levels of exertion and then start to interfere with the ability to carry out everyday activities. Eventually you may require oxygen. In unusual cases the condition can even prove fatal.

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.

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Smoking

Asbestosis itself is not a cancerous lung disease. People with asbestosis should stop smoking immediately because people with asbestosis are much more susceptible to lung cancer. There is also a higher risk of developing another serious asbestos related condition called mesothelioma however you will not automatically develop mesothelioma if you suffer asbestosis.

Asbestosis – State Benefits/Compensation

You may be entitled to Department For Work And Pensions (“DWP”) benefits. Industrial Injuries Disablement Benefit is payable to those who suffer a disability caused by a disease which the DWP accepts has been caused by the person’s occupation. Asbestosis is called Prescribed Disease D1.

Department For Work & Pensions

Provisional Damages

Although provisional damages are available it is more usual for the courts to deal with asbestosis claims on a full and final basis. In addition to an award for pain, suffering and loss of amenity a claimant may also be able to claim for loss of past and future earnings, the cost of specialist care, care provided by the claimant’s family, special needs, such as the cost of a stair lift, or special shower or bed.

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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.

Just wanted to say a huge “thank you” Jacqui for everything you’ve done. I was so reluctant at the the beginning, to undertake a claim, fearing a daunting process but your assistance, advice ( & patience!) ensured it wasn’t so and I’ll always be grateful for that.

With very best wishes and sincere thanks,

“..very good contact from day one until case closed. Everything explained along the way, very helpful in all departments…cannot fault the level of service I have had during my time with Thompson & Co.”

Mrs M

“Helen at all times was very understanding and explained very clearly what was going to happen in our case. Very easy to talk to and very patient. I would have no problem in recommending Helen to someone else.  The level of service was excellent. We would like to pass on our thanks to Helen for her support and professionalism.”

I was at ease after our first meeting… We would like to thank Mark and all the team at Thompson & Co for everything they have done for us. The professionalism, dedication to detail was second to none. I would recommend Thompson & Co to anyone. They do a great job. Thanks again Mark for all the help you have given me.

Mr & Mrs P, Durham

“We would like to thank you for everything you have done for us. For your kindness and consideration whilst dealing with the claim. We will never forget your dedication and hard work on our behalf”

Mr & Mrs C

I would like to say a massive thank you for everything you have done for me regarding my claim… I have now received an apology from the hospital and have been reassured that lessons have been learned……I have been one hundred percent happy with the service and professionalism I have received from you. … I felt like I was chatting to a friend..Once again, thank you so much

Mrs N

The whole service I received throughout the process was very professional, informative and very clear every step of the way. The firm was recommended to me by a family member…The service throughout was exceptional.

Mr R

I found you willing to be patient with me at a very traumatic time in my life. You showed great empathy towards me and helped me resolve my claim for which I will be forever grateful.

Mr C

Ease of Process, good communication, helpful and professional service

Anonymous

I can never thank you enough for supporting me and my family in finding out what actually took place and holding out most importantly…..  for the truth and a apology….

Speaking on behalf of my family I can only say ” we are indebted to you for all your help”  and that we welcome any opportunity to promote not only your professionalism,  but the genuine kindness you afforded to us.

Anonymous

Accreditation Personal Injury Solicitors
Solicitors Regulation Authority
Apil

THOMPSON & CO. SOLICITORS
9 GREEN TERRACE
SUNDERLAND
TYNE & WEAR
ENGLAND
SR1 3PZ

PRINCIPAL: PHILIP C. THOMPSON
SRA ID NO. 191341

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Recent Posts

  • Difficulties in Diagnosing Asbestosis February 9, 2021
  • HSE Releases Figures for Great Britain 2020 November 27, 2020
  • Mesothelioma Compensation Claims October 31, 2020

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