Specialists in asbestos litigation

Transcription

1 Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from an asbestos related condition. This book covers: Lung Cancer Patients Mesothelioma Patients Asbestosis Patients Pleural Thickening Patients Pleural Plaques Patients Your guide to where you stand legally.

2 There are a number of asbestos related conditions that are potentially compensatable. There are two different sources of compensation which can be pursued separately at the same time. Most victims of asbestos disease are unclear about whether they can claim compensation or even what compensation actually is. There are two types of claim that can be made: A civil claim for compensation A claim for state benefits This leaflet is intended to provide victims of asbestos disease with basic information concerning the claims processes in order that they can make an informed decision about how best to proceed. A civil claim for compensation through the courts It is not a problem that exposure to asbestos may have taken place many years ago. A person diagnosed with an asbestos disease has 3 years from the date they first became aware they were suffering from that disease, within which to commence a court action or the claim may become time-barred. It is very important that anyone suffering from an asbestos disease seeks independent legal advice from a solicitor as soon as possible after diagnosis, since time is of the essence. Do not worry about paying the solicitor; claims for asbestos disease are nearly always run on the basis that unless you win and are awarded compensation and legal costs, you will not be charged legal costs by the solicitor concerned. If the case is discontinued or lost there is nothing to pay. This method of funding a claim is often called no win, no fee and is widely available.you should confirm at the outset with your solicitor that the claim is being dealt with on a no win, no fee' basis.

3 Compensatable Asbestos Diseases Lung Cancer Lung cancer caused by asbestos tends to receive less publicity than other diseases. However employers have been aware of the link between asbestos inhalation and lung cancer since 1955 when a paper was published by M Greenberg which looked at the results of Dr Richard Doll s research into lung cancer mortality among workers for Turner Brothers Asbestos. The paper concluded that those workers who had been exposed to significant levels of asbestos dust had a substantially increased chance of going on to develop lung cancer. Whilst these cases are often complex due to the fact that lung cancer can be caused by factors other than asbestos, such as smoking, nevertheless in recent years the Court of Appeal has ruled in favour of victims of asbestos lung cancer on several notable occasions, even when that victim had been a smoker. Mesothelioma Mesothelioma is a compensatable condition. It is generally accepted that asbestos exposure is the cause. Exposure to asbestos need only be transient or slight in order for the disease to develop. In mesothelioma cases is it particularly important that legal advice is sought as soon as possible after diagnosis. Asbestosis Asbestosis (sometimes called fibrosis) is a compensatable condition. Other illnesses can cause fibrosis of the lungs, however where asbestos exposure has been significant it is usually possible to attribute an individual s fibrosis to his or her exposure to asbestos dust often many years previously. As with all asbestos claims it is important to seek independent legal advice at the earliest opportunity. Pleural Thickening Pleural thickening is a compensatable condition provided the victim has symptoms associated with the disease. Often pleural thickening does not cause symptoms. Your specialist will give you advice about this in your particular case.

4 Pleural Plaques On 26th January 2006 the Court of Appeal ruled that pleural plaques would not in future be compensatable. This decision reversed over 20 years of legal precedent and was upheld by the House of Lords on 17th October What needs to be proved? To succeed a victim first needs to identify the party who was responsible for the exposure to asbestos dust. This is usually one or more former employers. If the employer no longer exists (for example if the company has gone out of business) the employer s liability insurer at the time of the alleged exposure needs to be identified. Secondly a victim must prove fault. As a general rule if exposure took place after 1955 and was significant in the case of asbestosis, lung cancer, pleural thickening or after 1960 in the case of mesothelioma, fault can usually be established. Thirdly a victim must prove that his or her illness was caused or materially contributed to by inhalation of asbestos dust. This is a matter of medical evidence. Environmental / Non-work asbestos exposure Many people have been exposed to asbestos in the past in a non-work environment, through proximity to factories or on the work clothes of family members. It is possible to obtain compensation for victims of asbestos disease whose only exposure was in this situation. This category includes victims who lived in the vicinity of factories that used large quantities of asbestos or that manufactured asbestos products, but did not work for the company concerned.

5 State Benefits Related to Employment There are several types of benefit that you need to be aware of: Industrial Injuries Disablement Benefit (IIDB) You may be eligible for this benefit if the disease developed because of an employment involving working with asbestos or being exposed to asbestos after 4th July Workers Compensation (Supplementation) Scheme If your exposure took place at work before 4th July 1948 you should make a claim under the above scheme. Claims for both of these benefits should be made as soon as possible to ensure that you do not lose out on benefits that by law you are entitled to claim. Patients can contact the benefit enquiry line on If exposure to asbestos happened during service in the Armed Forces a claim can be made for a War Disablement Pension from the Veterans Agency by contacting them on Other State Benefits Disability Living Allowance If you are under the age of 65 you may be able to claim this allowance if you need help with personal care needs or have difficulty getting around because of your illness. Attendance Allowance If you are over the age of 65 and need help with personal care you may be able to claim an attendance allowance. Please note that special rules apply in claims for disability living allowance and attendance allowance to make sure that you receive your entitlement quickly and easily.

6 Constant Attendance Allowance If you receive IIDB or a Disablement Pension and need daily care and attention you should submit a claim for Constant Attendance Allowance. Carers Allowance If you receive the highest or middle rate of care component of Disability Living Allowance and/or Attendance Allowance and/or one of the specified rates of Constant Attendance Allowance and you have someone to help look after you (such as a friend or relative) they may be entitled to claim Carers Allowance. Pneumoconiosis Etc (Workers Compensation) Act 1979 If you have been diagnosed with one of the following: Pneumoconiosis (including asbestosis) Mesothelioma Diffuse Pleural thickening Primary lung cancer (only if accompanied by asbestosis or diffuse pleural thickening) Byssinosis You should make a claim for a one off lump sum under this act. The scheme was set up to enable victims who are unable to claim damages from their previous employers who caused the disease because they have ceased trading and/or no insurer can be found. Even if you can trace those responsible and intend to pursue a civil claim for compensation through the courts, you should still submit a claim under this scheme.

7 Useful Contact Details Cancer BACUP Department for Work and Pensions Benefit Enquiry Line (Text Phone ) Veterans Agency (Text Phone ) Benefit Enquiry Line (Text Phone ) Simpson Millar LLP Solicitors For further information on the information in this leaflet please contact Emma Costin on or Philip Gower on