ASBESTOS RELATED DISEASE A BRIEF GUIDE FOR PATIENTS AND THEIR FAMILIES

Transcription

1 ASBESTOS RELATED DISEASE A BRIEF GUIDE FOR PATIENTS AND THEIR FAMILIES

2 WHAT IS ASBESTOS? Asbestos is a naturally occurring fibrous mineral. It is unique as it is the only mineral that can be woven into cloth. It is strong, flexible and fire resistant. In the 1940 s asbestos was called the magic mineral. Asbestos is mined and exported from countries such as South Africa, Russia, Canada and China. There are 2 main types of asbestos: Serpentine Chrysotile (white asbestos) Amphibole Crocidolite (blue asbestos) Amosite (brown asbestos) Whilst it is thought that Amphibole asbestos is more potent than Serpentine asbestos, all asbestos causes diseases such as mesothelioma, lung cancer, asbestosis and pleural thickening.

3 HOW WAS IT USED? Asbestos was widely used in industry and construction from the 1900s, it was installed extensively as fire proofing and insulation throughout the 60 s 80 s and can still be found in many buildings. Examples of asbestos use: Asbestos lagging can be found around pipework and boilers. Asbestos powder was mixed with water and applied as a paste. The lagging often dries out and flakes and if knocked or damaged, fibres are released easily. It was used extensively in hospitals and other public buildings. Asbestos was sprayed as fire insulation onto the steel girders and under floors of buildings. Asbestos insulating board was commonly used as partitioning and as ceiling tiles. Asbestos cement products were used to make roofs, wall cladding, and gutters and downpipes for rain water drainage. Asbestos was used to make friction materials such as brake and clutch linings. Asbestos was used as a building material in many schools and was also present in classrooms as fire blankets, Bunsen burner mats and gauze. Asbestos gloves and blankets were provided to welders and welding rods were coated with asbestos. Asbestos rope was used as packing by plumbers and heating engineers. Many also cut boiler flues and backing plates from asbestos products. Asbestos was used to wrap electrical cable. Asbestos was used extensively throughout the London Underground system. WHO IS AT RISK? Anyone exposed to asbestos is at risk of disease. The risk increases with the level of exposure. There is a very long latency period for asbestos disease ( years). Family members can be exposed from contact or from washing the clothes of someone exposed to asbestos at work. Those living near an asbestos factory or who experience other environmental exposure are also at risk.

4 TYPES OF DISEASE All asbestos diseases are incurable and can be progressive. MESOTHELIOMA: A type of cancer caused by exposure to asbestos dust and fibre. It usually develops in the fluid in the lining of the lungs (pleural mesothelioma) but can also affect the lining of the abdomen (peritoneal mesothelioma) or the lining of the heart (pericardial mesothelioma). Pleural mesothelioma is the most common and is caused by the inhalation of asbestos fibres. These penetrate and lodge in the lining surrounding the lungs. The precise mechanism by which asbestos fibres cause mesothelioma is not fully understood but it is known that all types of asbestos cause this disease. It can develop a very long time after exposure to asbestos, up to 60 years or longer. The disease is not thought to be dose related so any exposure to asbestos could, in theory, cause mesothelioma. LUNG CANCER: This can be caused when asbestos dust and fibre enters the lung and becomes lodged in the lung tissue itself. Lung cancer can have causes other than exposure to asbestos, the most common being smoking. In order to prove that asbestos has played a part in the development of the disease you have to be able to show that you have suffered significant exposure to asbestos dust and fibre over a period of time. The link between lung cancer and asbestos exposure may be established if the exposure took place more than 10 years before the cancer developed and there is evidence of either lung fibrosis (asbestosis) or heavy exposure to asbestos for a year or moderate exposure to asbestos over a period of 5 to 10 years. Typically, lung cancer will develop within 20 years of exposure but, as with mesothelioma, the period can be longer. Both types of cancer are usually detected on chest x ray or CT scan and confirmed by biopsy. Treatment can consist of surgery, radiotherapy and/or chemotherapy. Immunotherapy drugs are also being tried in a number of centres around the country. Your consultant should give you full details of any treatment available. Organisations such as Mesothelioma UK and the British Lung Foundation can help to advise on clinical trials that may be available.

5 ASBESTOSIS: This is the name for fibrosis of the lung caused by exposure to asbestos. This condition is caused when asbestos fibres are breathed in. The fibres actually damage the inner structure of the lungs and cause scarring over time. There are many other causes of pulmonary fibrosis, some known and some unknown. The condition is often progressive and causes shortness of breath. Asbestosis is caused by prolonged exposure to asbestos over time. It is for this reason that evidence of asbestosis helps to establish the cause in cases of lung cancer. Detailed evidence of the nature, frequency and extent of any exposure must be obtained in order to calculate the likely dose level of exposure and whether the condition is asbestosis or is pleural fibrosis of unknown origin. This condition is regarded as a divisible injury, which means that every exposure to asbestos contributes to the overall extent of your disability. PLEURAL THICKENING: This is caused when asbestos fibres breathed in penetrate the lining or pleura of the lungs and cause a thickening of this lining. This causes restriction to breathing because the lungs cannot expand fully against this thickened lining. There are many other causes of pleural thickening such as pneumonia, infection or following bypass surgery. Unlike asbestosis this condition does not require heavy exposure to asbestos and typically occurs 15 years after exposure. The condition is often progressive and causes shortness of breath. This is a divisible injury so every exposure to asbestos contributes to the overall extent of your disability. PLEURAL PLAQUES: These are areas of scarring on the lining of your lungs caused by asbestos fibres penetrating the lining of the lung. They may become more extensive but they do not become or develop into any other asbestos disease. They are an indication, however, that you have suffered exposure to asbestos and that asbestos fibres have caused the condition. It is no longer possible to be awarded compensation in England & Wales for pleural plaques. They are not considered an injury and you cannot therefore claim damages. It follows that we cannot bring a claim for compensation nor seek DWP benefits for this condition.

6 WHAT TO DO? If you have been exposed to asbestos and have developed an asbestos related disease, you may be entitled to certain state benefits and also to bring a civil claim for compensation against your employer or the company who caused your exposure to the dust. Through many years of handling asbestos disease claims, we understand the impact the illness can have on you and your family. In addition to compensating you for any pain and suffering which the illness can cause you, a successful claim can help you to obtain the best medical care, cover and additional costs and replace any loss of income caused by the illness, as well as deal with the issue of future costs that may be involved. Asbestos disease cases are complicated and it is important to get early legal advice from a firm of solicitors who specialise in asbestos claims. There is no need to worry about legal costs as you or a family member can contact us free by telephone on or by going to our website at We will arrange to see you at home or hospital, wherever you are and at your convenience. We will discuss your case in full and advise what we think of it and how to proceed. Our service is free of charge. Most cases can be dealt with under a no win no fee agreement. This means that if you succeed in the case the legal costs will be paid by your opponent. If the claim fails then you do not pay us and we protect you against any costs of losing with insurance. If you win you will keep 100% of any compensation agreed or awarded. Asbestos fibres under microscope

7 WHEN CAN YOU CLAIM? Court proceedings must be issued within 3 years of the date that you first became aware of your condition and the link to asbestos. However you should not delay to seek specialist advice. We need to be able to prove that your employers or occupier negligently exposed you to asbestos at a time when they knew or should have known that such exposure was liable to cause injury. It is necessary to have a clear diagnosis of the condition so that the link to the disease and your exposure to asbestos can be made. We will discuss your work history, or history of exposure to asbestos in detail with you so that we can advise you whether you are likely to be able to establish that link. WHAT IF MY EMPLOYER NO LONGER EXISTS? This is a common problem and even if the company no longer exists it is often possible to trace their insurers who will then be responsible for dealing with the claim. HJA are experienced in tracking down the employers liability insurers for insolvent companies in these type of claims. In a case of mesothelioma where neither the company nor their insurers can be traced it is possible to put forward a claim to the Diffuse Mesothelioma Payment Scheme. This scheme was set up to provide compensation to people who were negligently exposed to asbestos but who cannot bring a civil claim for compensation against an employer or their insurance company. Payments are made under an age related tariff but generally speaking they are less than most civil claims. As an application to this scheme can affect your entitlement to other lump sum payments available, it is important to seek specialist legal advice before considering this.

8 ARE BENEFITS AVAILABLE? The asbestos diseases (except pleural plaques) listed above are accepted as prescribed diseases and whether you are entitled to an award depends upon the assessment of the level of your disability. Mesothelioma is always assessed at 100%. We will advise you on state benefits that are available. You may never have claimed any state benefits before but there are specific payments available for sufferers of certain respiratory diseases. You may be eligible for benefits, these include: Industrial Injuries Disablement Benefit (IIDB): If you were exposed to asbestos during your employed work and suffer one of a number of certain asbestos related conditions, including mesothelioma, you can claim a weekly pension. There are qualifying rules for lung cancer and we can advise on this. Pneumoconiosis Etc. (Workers Compensation) Act 1979: You may qualify for a lump sum payment under this scheme if you are awarded IIDB. Diffuse Mesothelioma Scheme 2008: A lump sum payment for people who suffer from mesothelioma but were not exposed to asbestos during employed work but, for example, from the clothes of their partner or during self-employment. War Pension Scheme: If you were exposed to asbestos during service there are payments available, depending on your circumstances. Contact Veterans UK Helpline on You may also be entitled to claim other state benefits if you have difficulty walking or need help looking after yourself, for example: Personal Independence Payment (PIP): a benefit for people aged under 65 Attendance Allowance: a benefit for people aged 65 or older. Carer s Allowance: a benefit for a carer looking after a disabled person. Blue Badge Scheme: Disabled parking badge. Industrial Injury benefits are not means-tested. They could affect other means-tested benefits you may receive.

9 LONDON ASBESTOS SUPPORT AWARENESS GROUP The London Asbestos Support Awareness Group (LASAG) was founded in 2016 to provide advice and support to those affected by mesothelioma and other asbestos diseases. LASAG operates throughout London and the South East providing home support to victims of asbestos disease and their families and by organising local support group meetings across the region. LASAG advisors are all fully trained to give benefit advice. They include 2 former Lung Cancer Nurse Specialists who spent their nursing careers working with mesothelioma sufferers and their families. They are experienced in providing practical advice and are knowledgeable about benefits and compensation schemes. They can help patients with paperwork and provide assistance and guidance. They will visit the patient at home to provide help and support not available through the NHS and away from hospital. Their services are provided free and they can be contacted via their Freephone telephone number. Like all charities LASAG relies upon charitable donations, please visit their website to help them support victims of asbestos disease.

10 MARGARET S STORY Margaret Ward worked in a factory in Peterlee, Durham between 1963 and Her job was to apply wood stain to fire surrounds. Although she did not work with asbestos herself, asbestos board was cut by joiners to fix as a backing to the surrounds she handled. She did not know of this exposure when she contacted us. In 2014, she developed a persistent cough that would not respond to treatment and eventually she was taken to hospital for treatment for pneumonia. It was here that it was discovered that she had mesothelioma. We put a witness appeal into the local paper and were able to find ex-colleagues from the factory who could confirm the fact that she was exposed to asbestos and how she unknowingly came in contact with the dust each working day. The company had long since closed down and despite searching we were unable to trace the insurance company for the time of Margaret s employment. However we were able to submit an application to the Diffuse Mesothelioma Payment Scheme and supported by the evidence of the witnesses, the claim was accepted and she received compensation. To find out more about Margaret s story visit

11 WHY HODGE JONES & ALLEN? We have an excellent reputation for our work in winning mesothelioma cases. Our skill in helping mesothelioma sufferers is widely recognised by legal and medical professionals, as well as by other organisations, support groups and charities we work with and support, including Mesothelioma UK and MacMillan advisors. By choosing Hodge Jones & Allen to deal with your mesothelioma claim, you will have direct access to dedicated and accredited lawyers who specialise in mesothelioma cases and who will handle your claim in a sensitive manner from start to finish. We pride ourselves on providing a friendly, personal and professional service. We will always put your needs and interests first. WHAT OUR CLIENT SAY... I would like to express my thanks for the efforts you and your team have put in to obtain this most satisfactory result. Your advice and negotiations have been most welcome. I would not hesitate in using your services again or recommend you to others. I am so grateful to you for all your great help and assistance over such a sad and difficult matter. Your kindness to both my husband and myself together with your expertise is greatly admired and appreciated. Thank you for the news. I am pleased Tim and I will not have to endure more upset going to court over this very sad matter. I thank you for your expertise and great effort on our behalf. You are so good as well as very kind to us and I am truly grateful to you. Thank you so much. I was a complete mess when you took me on. I have recovered to some extent and, with the money, at least that part of my worries are solved. So thank you with all my heart. We would like to say a big thank you to you and your team for the kindness, patience and professionalism extended to us over the last year. The amount of money awarded to Terry for his mesothelioma is life changing to say the least, and this is all due to you all at HJA. Thank you again and our best wishes to you all.

12 Isobel Lovett Andrew James INDUSTRIAL DISEASE Hodge Jones & Allen 180 North Gower Street London NW1 2NB Tel: To find out more about Margaret s story and the impact of asbestos visit