Asbestos Claims, The Facts You Need To Know.

Everyone knows about the dangers and hazards associated with asbestos and as a result the Government has imposed a ban on it’s use. Sadly for many who have worked with asbestos, such a ban is too little too late. Asbestos has left a legacy of many victims of asbestos related illnesses. The problem with such an illness is that the damage is likely to have been caused many years ago when the victim was either working directly with asbestos material or working in an area were asbestos was either being used or stripped out.

The headlines often refer to asbestos as being a killer. Indeed it can kill. Sadly the victims of mesothelioma or lung cancer are at a far greater risk of dying from asbestos exposure. Fortunately though, relatively few people actually die from the asbestos illness, most will suffer from respiratory disorders, suffering breathing restrictions. Asbestos illnesses fall into the following categories:

Asbestosis

Defined as fibrosis or scarring of the lungs, caused by exposure to asbestos dust. The condition develops slowly and incapacitates the victim over a long period of years.

Pleural Plaques

Defined as raised areas of thickened pleura which can be seen on x-rays. Pleura is a two layered membrane which surrounds the lungs and lines the inside of the rib cage.

Pleural Thickening

Defined as thickening of the lung walls due to scarring caused by asbestos which may cause breathlessness.

In most cases these conditions will have been caused by working conditions and as a result compensation is payable.

Asbestos sufferers fall into an unusual category of Claimants. They have the option of claiming for provisional damages, allowing for a further payment in the future if their condition should go on to significantly deteriorate. Thus the payment of provisional damages removes the guesswork of what might happen in the future, for example a person who is diagnosed with pleural plaques who may be at risk of developing asbestosis. The victim has the option of receiving provisional damages for his pleural plaques condition. This generally speaking would be about £10,000.00 to £15,000.00. The victim would then have the right to seek more substantial damages if he should go on to develop asbestosis.

In the event a claim cannot be made, for example if the employer who caused the illness has gone out of business and it’s Employers Liability Insurers cannot be traced, the Government will pay a lump sum which invariably will run into many thousands of pounds under the Pneumoconiosis Etc. (Workers Compensation) Act 1979. The claim can also be made to the Benefits Agency for Industrial Injuries Disablement Benefit if the victim is suffering from any of the asbestos illnesses apart from pleural plaques. Both these forms of benefit are not means tested.

Norman Jones have been handling asbestos related claims for over twenty years and offer the skill, care and knowledge needed to handle such a claim. They also support the work of the Merseyside Asbestos Victims Support Group based at Unit 3, Oriel Close, Water Street, Liverpool, telephone 0151 236 1895. The group help victims and their families in all sorts of ways but particularly in the areas of Social Security advice and assistance.