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Asbestos Compensation Claims
About Asbestos
Industrial Injury and Diseases Compensation / Asbestos Compensation Claims
Asbestos Compensation Claims
Asbestos is a deadly material that is used in many different industries. While it was often used in construction, this practice was banned in the UK in 1999. However, this doesn’t mean that its presence has been eradicated in buildings built before this date. Pre-1999 buildings were also often built without any protections in place despite a growing understanding of the potential health risks associated with asbestos.
Asbestos is known to cause a variety of illnesses including pleural thickening, lung cancer and mesothelioma. Asbestosis is also another illness that can develop due to asbestos exposure and it can have incredibly negative long-term health impacts.
If you have developed asbestosis due to long term exposure to asbestos, this could be grounds to make a claim. Your employer has a duty of care to ensure your safety while working which includes limiting your exposure to asbestos. Such protective measures include the use of personal protective equipment (PPE) such as masks to avoid inhaling asbestos. If your employer has not taken the necessary precautions or given you adequate training on how to spot and minimise risk, then you could be eligible to claim.
Causes and Symptoms of Asbestosis
Asbestosis is sadly an irreversible lung disease that develops after a person inhales large quantities of asbestos dust or fibres. Health and safety regulations for handling environments or materials which might contain asbestos state that individuals must wear a mask over their mouth and nose.
Unfortunately, asbestos was frequently handled without such protective measures in the past. Therefore, many people inhaled the fibres which caused fibrous tissues to develop in the lungs, causing scarring and chest pain.
The symptoms of asbestosis can take as long as twenty to thirty years to develop. Therefore, it is important to always protect yourself because while you might believe you have not been exposed due to not suffering any symptoms at the time, exposure could affect you many decades later. Sufferers will find that their breathing becomes noisier and more rattily and they will most likely find it harder to breathe. In the early stages of the disease, this will only happen after exercise. However, as asbestosis progresses breathing will become increasingly difficult even when sitting still.
Other physical symptoms of the disease include ‘finger clubbing’ where the fingers become red and swollen, making everyday tasks painful and difficult to carry out.
Risk of Asbestosis
You are more likely to be at risk of being exposed to asbestos in certain professions than others. For example, plumbers, construction workers, and demolition workers are some of the most at risk employees. If you believe that you have any symptoms of asbestosis you or you believe that you have been exposed to asbestos, you should visit your GP as soon as possible.
If your GP believes that you are at risk, then they will refer you to a chest consultant who will carry out an X-ray or a CT scan. However, as other conditions can appear similar to asbestosis on an X-ray, your history of asbestos exposure will also be considered before making a diagnosis.
Long Term Impact of Asbestosis
Illnesses like asbestosis become more debilitating as time goes on. In some cases, it can sadly lead to even more serious illnesses like mesothelioma.
You may be forced to give up work before your retirement age and you will likely require lifelong medical care for the rest of your life. There will need to be changes made to your lifestyle and your life expectancy may sadly decrease. Your situation may also mean that a family member has to give up their job to care for you.
How Much Compensation?
All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. Compensation is understood by looking at two specific factors: general damages and special damages.
General Damages
The pain and suffering that your injuries have caused are main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to based upon your injuries.
Special Damages
In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed.
You are not restricted to the usual 3 year limitation period if you can prove that your date of knowledge was within 3 years. Mesothelioma/asbestosis have a long incubation period so exposure 20 years ago may not result in symptoms until much later.
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Get in touch with First Personal Injury on 0333 358 2345 or through our online claim form.