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Asbestos was commonly used across the world as a building material until the dangerous effects to health arising from exposure to asbestos fibres were widely acknowledged in the 1970s. Concerns about the effects of asbestos exposure were in fact raised from the interwar years onwards. Regulations were introduced to limit the risk of exposure to asbestos already in situ. The use of asbestos in product manufacture was finally banned in the UK in 1999.
Asbestos-related diseases
The most common diseases associated with asbestos exposure are:-
- asbestosis which causes permanent lung damage and is caused by scarring to the lungs due to asbestos inhalation, and
- mesothelioma which is a cancer that occurs in the mesothelium which is a layer of tissue that surrounds organs of the chest, abdominal cavity and pelvis. Mesothelioma is commonly found in the lungs. Asbestos exposure is the only known cause of mesothelioma;
- lung cancer.
Why was asbestos used so widely?
Asbestos is a naturally occurring fibrous silicate mineral that has the ability to resist high temperatures. It has been mined for hundreds of years. It became particularly popular following the Industrial Revolution because of its extraordinary fire protection and insulation properties. In addition, it was found to be resistant to chemicals, water and electricity. It could easily be incorporated into many products and also applied or sprayed onto pipework for lagging purposes. It was strong, light and cheap.
From the late 19th century onwards, the use of asbestos for construction and fireproofing became very prevalent. Asbestos was incorporated into numerous products to provide fire retardant coatings, fireplace cement, ceiling and floor insulation, pipe insulation, fireproof dry lining, fire doors and the like.
Owing to its extraordinary properties, asbestos was also heavily used in the shipbuilding industry where it was applied to boilers and pipework for lagging purposes and as fire protection between a ship’s bulkheads.
How does exposure to asbestos fibres arise?
If asbestos is disturbed, fibres can be inhaled or ingested by people nearby. Those fibres become lodged in the protective lining and irritate the healthy tissue. The asbestos fibres are tiny but the body cannot break them down. The fibres are also very sharp and can slice into lung tissue. Mesothelioma and other asbestos-related diseases are often described as “long-latent” in that the symptoms may not appear for decades after the initial exposure to asbestos fibres. Those who are diagnosed with mesothelioma or other asbestos-related diseases were often exposed to asbestos fibres in the 1970s or 1980s.
Whilst asbestos in all forms was banned several decades ago, it is still present in thousands of buildings throughout the country. The risk of exposure to asbestos fibres arises if the product containing asbestos is disturbed through say drilling, sawing or cutting as this will create dust containing asbestos fibres which can be inhaled unless safety equipment is worn. The demolition of a building containing asbestos will release significant quantities of asbestos fibres, hence the need for demolition to be done very carefully.
In the shipbuilding industry, old asbestos would be disturbed during a ship’s refit, particularly in the Naval dockyards where warships would be upgraded with bulkheads being cut, new engines and boilers being installed with the removal of old asbestos lagging that was extremely prevalent in older ships. It is for this reason that many workers at Portsmouth Dockyard have been diagnosed with asbestos-related diseases including mesothelioma, asbestosis and lung cancer.
Who is most likely to contract an asbestos-related disease?
The short answer is anyone who has come into contact with asbestos fibres may develop mesothelioma or other asbestos-related diseases. Those who are at the highest risk are industrial workers in the construction and shipbuilding industry, as well as military veterans. Family members of these groups can also contract asbestos-related diseases because asbestos fibres would cling to the workers’ clothing or in their hair or on their tools, and this meant that their loved ones could suffer second-hand exposure to asbestos fibres when the workers returned home.
Seeking compensation if you have received a diagnosis of an asbestos-related disease
We at Churchers appreciate that being diagnosed with an asbestos-related disease can be devastating for both you and your family.
If your exposure to asbestos arose during the course of your employment, then it should be possible to show that your employer/former employer was negligent in allowing the exposure to take place. In that situation, you would be entitled to seek compensation for your pain and suffering and the impact that the disease will have on your life expectancy, as well as claiming your financial losses. We can provide you with all of the necessary help and support you need to make such a claim.
We will investigate your employment history to establish where the likely exposure arose from. If your employer no longer exists because say the company has been dissolved, but its insurer can be traced, then we can make application to the court to restore the company to the Company Register so that it can be sued, enabling us to look to the insurer. Even if your employer cannot be found or their insurer cannot be traced, you may still be eligible to claim compensation through the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and we can assist in such claims. There is also the Diffuse Mesothelioma Payment Scheme that provides compensation payments to people diagnosed with mesothelioma who were negligently exposed to asbestos at work but are unable to pursue a civil claim because their former employer no longer exists and their former employer’s insurer cannot be traced. Again, we at Churchers would be able to assist you with such a claim.
A claim can also be brought by the Estate of someone who has died from an asbestos-related disease.
It should however be appreciated that there are time limits for making a claim which is normally 3 years from the date of diagnosis or if the person affected has sadly died because of their asbestos-related condition, the Estate will have 3 years to bring a claim from the date of death or from the date when a post-mortem revealed asbestos exposure was the cause of death.
We at Churchers have helped many people with their asbestos-related claims over the years and we will do all that we can to help you to recover compensation and secure your family’s financial future.
We can act under a “no win, no fee” basis, so you do not have to pay for any upfront fees if you instruct us to represent you in your claim and you will not have to pay us any fee in the unlikely event that you are unsuccessful in your claim.
We would encourage you to contact us as soon as you are diagnosed, even if you do not know where your exposure to asbestos arose.
Please call us on 01329 822 333
