Asbestos Related Diseases When to Claim
Rosemary Giles
Partner
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Types of Asbestos
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The Asbestos Time Line
•
It is commonly thought that companies only became aware of the dangers of
asbestos in the 1980s or 1990s – this isn’t true.
•
The Annual Reports of the Chief Inspecting Officer of Factories from 1899
regularly referred to the injurious nature of asbestos dust and the need for
exhaust ventilation and respirators to combat asbestos dust.
•
In 1930 the Merewether and Price ”Report on the Effects of Asbestos Dust on
the Lungs and Dust Suppression in the Asbestos Industry'' demonstrated the
link between chronic exposure to asbestos dust and the development of
asbestosis
•
Papers by Wagner in 1960 and Newhouse and Thompson in 1965 reported
the clear association between exposure to asbestos and mesothelioma.
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Types of Asbestos Related Disease
• Pleural Plaques
• Pleural Thickening/Asbestosis
• Asbestos Related lung Cancer
• Mesothelioma
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Pleural Plaques
• A ‘marker’ or indication of exposure to
asbestos
• Symptomless
• Since a House of Lords decision in 2007 it is
not possible to obtain compensation in
England. No benefits are awarded.
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Pleural Thickening
• Pleural thickening is a lung disease that
describes a scarring, calcification, and/or
thickening of the pleura (the lining
surrounding the lungs) often as a
consequence of the inhalation of asbestos
into the lungs.
• The annual number has been fairly constant
over the last 10 years, with an average of
around 430 new cases per year (IIDB)
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Asbestosis
• Lung fibrosis caused by the inhalation of
asbestos fibres causing scarring and
inflammation of lung tissue
• There were 985 newly assessed cases for
Industrial Injuries Disablement Benefit in
2014. (IIDB).
• Annual numbers of newly assessed cases
have fluctuated in recent years.
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Asbestos Related Lung Cancer
• Is there a diagnosis of lung cancer? and
• Has the patient been diagnosed with any other
asbestos-related condition (especially asbestosis)
• Or, is there an occupational history of either:
- heavy exposure to asbestos or
- a prolonged period of more moderate exposure?
• If so, refer for specialist legal advice
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Mesothelioma
• Mesothelioma is a cancer of the mesothelial
cells. These cells make up the membrane (lining)
that covers the outer surface of most of our
body's organs.
• There are two main types of mesothelioma:
• pleural mesothelioma – the most common type,
which develops in the tissue covering the lungs
• peritoneal mesothelioma – which develops in the
lining of the abdomen
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FINANCIAL SUPPORT FOR ASBESTOS
RELATED DISEASE PATIENTS
The State
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The Courts
Mesothelioma or Asbestos related Lung Cancer Patient
Over 65
£82.30 pw
Attendance
Allowance
Under 65
Personal
Independence
Payment (PIP)
£168.00 pw
Industrial Injuries Disablement Benefit
War
Pension
£134.40 pw
Constant Attendance Allowance
£67.20 pw
Exceptionally Severe Disablement Benefit
£13,455 to £86,607
Pneumoconiosis Workers Compensation
(Government Lump Sum)
Child Maintenance and Other Payments Act
(Lump Sum for domestic/environmental
exposure)
Blue Disabled Badge
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£82.30pw
What Information is Required?
Full
Employment
history
Witness
statement
Evidence of
Diagnosis
Evidence e.g.
Indenture
documents,
Naval badges
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01223 791 810
Mr Charlie W Case Study
• Age 70, started life as an apprentice electrician later
becoming an Electrical Engineer.
• He was exposed to asbestos during the course of his
engineering career, he presented with right sided pain
and a pleural effusion and some shortness of breath.
• He was investigated for mesothelioma but fortunately
this has never been diagnosed but he was diagnosed
with pleural thickening and is at risk of developing
asbestosis and mesothelioma.
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Mr Charlie W Case Study continued
• Extensive and complex medical
investigations were carried out to ensure that
in fact this was not an early mesothelioma.
• He was exposed by three employers but
insurance could only be found for two.
Because asbestosis is a divisible injury we
could only recover 60% of the total value of
the claim from the two insurers identified.
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Mr Charlie W Case Study continued
• The claim was made to the insurers. No offer
of settlement was made therefore court
proceedings were commenced in the Royal
Courts of Justice.
• The Court gave direction as to a case plan
and a trial date was fixed, however the matter
settled before the hearing date in the sum of
£40,000.
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Mr Alan C Case Study
• Age 78, diagnosed with asbestos related lung cancer.
• Apprentice Shipwright at HM Chatham Dockyard,
employed by the Admiralty/MOD
• Worked on refits on Royal Navy ships and later an
overseer of such work.
• Extensive exposure during ship refits as a Shipwright.
• He drilled through asbestos insulation boards, he
stripped limpet spray asbestos.
• His colleagues were cutting AIBs on circular saws near
to him.
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Mr Alan C Case Study Continued
• Presented in early 2014 with shortness of breath, exsmoker having stopped 15 years ago.
• Underwent a course of radiotherapy, apart from SOB
managing well.
• We applied for Industrial Injuries Disablement Benefit on
his behalf which was paid within three weeks. He also
received a PWCA Lump Sum award in the sum of
£13,295. We also assisted him in obtaining Attendance
Allowance and a Blue Badge.
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Mr Alan C Case Study Continued
• We brought a claim against the MoD which
was concluded within 14 months of our
instruction and the claim settled for £100,000.
Alan was delighted with the outcome.
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Case Study Mr Wareham
Mr Wareham was diagnosed with mesothelioma when he was age 72.
He was referred to Irwin Mitchell shortly after diagnosis.
IM visited him at home and completed benefit application forms
Shortly after he received a lump sum payment and Industrial Injuries
Disablement Benefit.
Mr Wareham’s only recollection of exposure to asbestos was when working
as a joiner in the 50s for the Watford Timber Company.
Watford Timber Company was a live company but didn’t have enough assets
to meet the claim.
Sadly, Mr Wareham died and after 18 months EL insurance was traced
through an insurance investigator
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Mr Wareham Case Study Continued
•
Mr Wareham’s son continued with the claim on behalf of the Estate.
•
The company denied that they were at fault and said that they had never
stocked asbestos materials.
•
IM carried out an archive search of old newspapers and found an advert in
the West Herts & Watford Observer dated 23 January 1953.
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Mr Wareham Case Study Continued
The advert was sent to the company’s solicitors
The company continued to deny that they were at fault.
The claim settled one day before trial.
Mr Wareham’s family had been left heartbroken after his diagnosis of
mesothelioma.
Mr Wareham’s sons were relieved that they had honoured their father’s wishes
and secured justice for him.
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The Pitfalls of Waiting:
•
How can your patients avoid this pitfall – steps to
take:
•
Referral for specialist legal advice as soon as the
diagnosis is made;
•
Full occupational history taken while the patient is
relatively well;
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Our Promise
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Will assist in all areas of financial support
Will respond quickly
Home visit
Part of the support network
No cost
Above all
We will look at the individual ‘s needs, wants and
requirements and help to provide practical
solutions to improve quality of life.
Thank you
Feel free to email me at any time or call
me on my direct line
rosemary.giles@irwinmitchell.com
01223 791810
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