Asbestos: what it is and how to claim
Asbestos is a naturally occurring mineral fibre well known for its heat and chemical resistant properties. For centuries, it was a popular insulating material. The dangers to human health are now well documented, and if you have been affected by asbestos you may be able to make a claim.
What was it used for?
The name asbestos derives from the Greek for inextinguishable. Due to its heat resistant and insulating properties it was used to manufacture various products. These include asbestos cement roofing products, cloth and other insulating material. It could also be mixed and sprayed or hand applied to pipework, panels and steel girders.
Asbestos
Types of Asbestos
White, otherwise known as Chrysotile, which was the most commonly used type.
Crocidlite, also known as blue asbestos.
Brown, also known as Amosite.
It is also not unusual for samples of materials to contain a combination of all three types.
Exposure
This is caused by inhaling or ingesting the tiny fibres. A person may have been exposed to the fibres many years before symtoms develop, sometimes up to 40 years previous. Exposure to even one fibre can cause the development of a serious illness. Alternatively, a person with heavy asbestos exposure may never develop an aspestos-related illness.
Diseases
A lot of people refer to any asbestos related condition as “asbestosis”. This is not necessarily the case as there are other asbestos-related conditions. Some are malignant and life-limiting, whilst others cause few or no symptoms but can increase a person’s vulnerability more malignant forms. Unfortunately, at present there are no cures for any asbestos-related disease.
- Pleural Plaques
These are scar tissue on the outer lining of the lung. They are often symptomless and indicate asbestos exposure. Unfortunately, it is not possible to make a compensation claim for this condition at the moment.
- Pleural Fibrosis/ Thickening
This affects the outer lining of the lung and is more extensive than pleural plaques. The fibrosis restricts lung function and causes breathlessness. It can reduce life expectancy.
- Asbestosis
This occurs when fibrous tissue in the lungs has been damaged. It is a progressive disease that causes breathlessness and a cough. Life expectancy can be reduced as a result and additional strain may be placed on the heart through having this condition. It acts a marker for the development of lung cancer and mesothelioma.
- Lung Cancer
Establishing a link between lung cancer and asbestos exposure is very difficult. Medical opinion is divided on the subject, particularly where the victim is or once was a smoker.
- Mesothelioma
A malignant tumour of the lining of the lung. It can also be found in the lining of the abdominal cavity and heart.
Asbestos warning
Considerations
In considering a claim a firm medical diagnosis is very important. Often a person develops shortness of breath or a cough and may not firstly associate this with exposure to asbestos.
A diagnosis would be made after having x-rays or a lung CT scan to determine whether or not there is any scarring or thickening of the lungs. Lung function tests can also be carried out to see what may be causing a reduction in the function of the lungs.
Other matters to consider are how a person became exposed to the asbestos and the degree of exposure.
Those who develop an asbestos-related condition are not always people who were employed in its manufacture or usage.
For those who were exposed to asbestos dust at work other considerations to be made relate to ventilation in the workplace, the types of protective clothing or masks offered, witnesses such as work colleagues who can verify asbestos exposure and whether the person smoked.
Of course this list is not exhaustive but anybody who develops such a condition should contact a solicitor immediately to find out if they are able to make a claim for compensation. At Winston Solicitors we deal with a significant number of asbestos claims.
Time Limits
Once a firm diagnosis of an asbestos-related condition has been made then a person has three years from the date of knowledge of the development of an asbestos related condition in which to make a claim for compensation.
If you require legal advice, please contact Winston Solicitors direct. If you have any comments or experiences regarding asbestos, please feel free to use the comments form below.
