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.