Industrial Disease

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Claims for Asbestosis

Asbestos is the generic name given to a group of minerals often used in insulation materials.

These materials were then used extensively as they had a number of properties that were important being fireproof, almost indestructible and also conducting little heat.

There were a wide variety of industries that used asbestos including the ship building industry and general building and construction, as well as in packaging in factories and research by the Health and Safety Executive has shown that statistically those most at risk from asbestosis are carpenters, plumbers and electricians. 1 ( See hse.gov.uk/ research / rrhtm/rr696.htm published 2014)

As early as the 1920’s the risk associated with asbestos were known and the first regulations regarding its use were introduced in 1931.

Employers owe a duty of care to their workers to provide them with a safe and secure working environment and to make sure they do not come in to contact with toxic substances which may be detrimental to their health.

If there is a breach of that duty of care this gives rise to a right to claim compensation.

A concern of those who want to claim and have the disease is that their employer has long since closed down and their insurer gone out of business.

We have long experience in this regard and have access to registers to establish who is responsible and we will pursue your claim

In addition on 6th March 2014 the Department for Work and Pensions confirmed that the Government is now increasing maximum compensation to £123000 for victims of fatal asbestos –induced cancer mesothelioma who cannot trace an employer or liable insurer and the right to claim will soon be in place.  2( See Welfare ( www.gov.uk / Government / topics /welfare)

Inhalation of asbestos fibres can cause one of five asbestos related illnesses to arise.

In most cases it is the lungs that are affected by the illnesses  - the disease affects the external lining of the lung and the lining of the lower digestive tract.

From the time of initial exposure it can be between 15 and 50 years before symptoms manifest themselves and the HSE report indicates 85% of all male mesothelioma result from occupational exposure.

The four most common asbestos related illnesses for which you have the right to claim include:-

Plueral Thickening

The thickening of the Pluera can cause breathlessness and   give rise to a right to compensation.

Asbestosis

This disease is a well known result of long term exposure to asbestos dust and is recognised as such.

It leads to symptoms such as breathlessness, a cough and tightness in the chest and shipbuilders exposed to asbestos are a group often at risk of this disease.

Lung Cancer

It can be difficult to prove that lung cancer arose from exposure to asbestosis as there are many other causes of the disease. Nevertheless if asbestos is present in the lungs doctors may well conclude the most likely cause of the lung cancer is asbestos.

Mesothelioma

This condition can develop as a result of only a short exposure to asbestos particles. It is a terminal illness with life expectancy limited to 1 to two years.

The claim can be made by the person diagnosed or their personal representatives.

We will provide a sympathetic and reliable service to you and your loved ones but more importantly fight for you and them to get the right compensation from the responsible employer, their insurer, or the Government sponsored fund.

We will give you straightforward advice and you will be dealing with a solicitor who has over 25 years experience in this field.

We can see you at home, in our offices or in hospital both in and outside working hours.

Our first attendance on you is entirely free. To contact us simply call: 0800 015 1470 or email:enquiries@klslaw.co.uk