A recent study by Dutch pulmonologists Dr. Paul Baas and Dr. JA Burgers of AVL/NKI Cancer Center in Amsterdam looked at over 58,000 Dutch construction workers from 1986 to 2007, who were likely to have been exposed to asbestos due to the nature of the projects they had worked on.
The study confirmed what other research already highlights, that the risk of lung cancer, laryngeal cancer and mesothelioma is increased as the exposure to asbestos is increased. This risk was increased further if an individual smoked, as the researchers stated, “The risk of development of lung cancer was higher for anyone with increased years of exposure to asbestos fibre combined with a smoking habit”. The link between contracting an asbestos related disease and smoking was evident when it came to mesothelioma as well, as the risk of contracting the disease is higher amongst people who smoke, even after short-term asbestos exposure. It’s important to note that smoking alone is not linked to mesothelioma, but if someone who smokes is exposed to asbestos, the risk of contracting the disease can be as much as doubled.
Worryingly, the study concluded that even low levels of exposure to asbestos could be enough to trigger an asbestos related disease, “Asbestos levels encountered at the lower end of the exposure distribution may be associated with an increased risk of pleural mesothelioma, lung cancer, and laryngeal cancer”.
There were some positives in the report though, as it concluded that the occasional exposure to asbestos poses hardly any risk for the general population i.e. those not working in construction. However, the report also stated that asbestos exposure is a serious health risk and emphasised that rules and regulations for the removal of asbestos materials were vital, not just in an industrial or commercial setting, but also for homeowners undertaking their own renovation projects.
If you’re concerned about asbestos related diseases and would like to find out if you can make a claim, speak to one of our solicitors today on 0800 163 622.
TV soap operas are known for their emotional storylines and ITV soap Emmerdale has recently included a storyline which focuses on mesothelioma, bringing attention to a type of cancer which is rarely covered in the media. In the soap, Donna Windsor (played by Verity Rushworth) is terminally ill with mesothelioma and, although it hasn’t been revealed how she contracted the disease, the storyline will bring some much needed exposure to this rare type of cancer.
What is mesothelioma?
Mesothelioma is a cancer of the mesothelial cells, these cells cover the surface of most of the body’s internal organs. Mesothelioma usually develops in the covering of the lungs or in the abdomen but is more common in the lungs. Symptoms of pleural mesothelioma (mesothelioma of the lungs) include chest pains, shortness of breath, persistent coughing, weight loss and difficulty swallowing. Symptoms of peritoneal mesothelioma (mesothelioma in the abdomen) include stomach pains, nausea and vomiting, poor appetite, weight loss and swelling in the abdomen.
Mesothelioma in young people
In the soap, Donna Windsor is 29 years old, which is very young to contract the disease. Mesothelioma is usually diagnosed 20 to 60 years after initial exposure to asbestos, which means that it is a disease which is often associated with older people. However, as the storyline in Emmerdale illustrates, if exposed as a child, younger people can also suffer from the disease. The cause of mesothelioma developing in younger people can be attributed to a number of causes. These include second-hand exposure from adults who worked with asbestos when the child was young; asbestos in school buildings and asbestos in the environment (e.g. from contaminated land).
Dr Phillip Barber, Consultant Respiratory Physician, recently released a paper which clearly showed the link between asbestos exposure from contaminated adult clothing and mesothelioma developing in younger people.
Although there is often a clear connection, in some cases, particularly when mesothelioma is diagnosed in very young adults or in children, the disease may develop with no clear link to asbestos exposure.
How common is mesothelioma?
Mesothelioma is a devastating disease as it takes many years to develop, so is often very advanced when it’s diagnosed and is therefore particularly rare in younger people. Sadly, by the time someone displays symptoms of the disease it’s often at an advanced stage and it’s common for people with the disease to be given just 12 months to live. On average 7 people are diagnosed each day from mesothelioma, but compared to other cancers this amount is relatively small, for example around 120 people a day are diagnosed with lung cancer.
Mesothelioma is around five times more common in men than women, possibly due to men being more likely to work in jobs where asbestos is more prevalent. There is however, a secondary risk of exposure from clothing or equipment containing asbestos which is one reason why younger people can contract the disease.
Justice for mesothelioma sufferers
Mesothelioma is one of the cruellest cancers as the majority of cases are caused by exposure to a substance which is dangerous and formally unregulated. Although it is now illegal to use asbestos in any construction project, to a great extent the damage is already done as thousands of tonnes of asbestos are still in place and continue to put people at risk. As mesothelioma can take so long to develop, it can be difficult to prosecute the companies responsible for the exposure as it can be decades since the initial exposure so there’s a likelihood the company responsible will no longer be in business.
Mesothelioma is a rare type of cancer which means information on the disease is not as readily available as other cancers. We take a look at some of myths and truths behind this devastating disease.
Only people exposed to asbestos long-term are at risk from mesothelioma
Myth
It’s been proven that even a small amount of asbestos exposure can lead to mesothelioma, however the disease is usually caused by long-term exposure, most prominently in a work environment. 70-80% of all mesothelioma cases are caused by workplace asbestos exposure, which is why it’s worth speaking to a solicitor about making a claim against previous employers.
75% of mesothelioma cases are pleural, meaning the disease is present in the lung lining. The other areas affected by the disease are the abdominal cavity (peritoneal) and the lining of the heart (pericardial). Less than 1% of cases are attributed to testicular mesothelioma.
Symptoms of mesothelioma appear 20 – 50 years after exposure
Truth
The time between a person’s first exposure to mesothelioma and a diagnosis of the disease can be up to 50 years. Unfortunately, once asbestos fibres have caused damage to a particular area of the body, there is little that can be done, as the symptoms of the disease take so long to present themselves.
Mesothelioma is a rare disease
Truth
Compared to other cancers, such as breast cancer or prostate cancer, for example, mesothelioma is rare. However, around 2,500 people are diagnosed with mesothelioma each year in the UK.
Mesothelioma can’t be treated
Myth
Although there is no cure for mesothelioma and once diagnosed, patients have a life expectancy of 6 – 38 months, there are treatment options available to help prolong a patient’s life. Radiotherapy, chemotherapy, surgery and alternative therapies have all been shown to improve survival rates in people suffering from mesothelioma.
Mesothelioma victims can claim compensation for their situation
Truth
Asbestos is now illegal but for years it was used in many different industries, including the construction, shipping, auto, chemical and manufacturing industries and the material is still in place in many buildings in the UK, continuing to put people at risk. It can be difficult to prosecute the companies responsible for the exposure as decades can pass between the initial exposure and diagnosis. However, there are many successful asbestos related claims where solicitors bring negligent companies to justice.
Asbestos is a material primarily used in building work prior to 2000, when its use was discontinued. It’s not dangerous when it is stable and contained, but when materials containing asbestos are disturbed or damaged, the fibres can be released into the air and inhaled. There were three kinds of asbestos used in building materials in the UK – crocidolite (blue asbestos), amosite (brown asbestos) and chrysotile (white asbestos). Chrysotile was banned in 1999, and crocidolite and amosite were banned in 1985.
What are the health problems associated with asbestos exposure?
When asbestos fibres are inhaled, the health problems they can cause are very serious, and in some cases, fatal. These are often hidden diseases that can take a long time to develop before showing symptoms. By the time you begin to show symptoms, it is often too late to have any effect on the illness. The effect is typically cumulative, so if you were exposed from an earlier age for a long time (ie, on a daily basis), there is a greater risk.
Asbestos exposure can cause:
mesothelioma
asbestos-related lung cancer
asbestosis
pleural thickening
pleural plaques
However, it’s important to note that not all people who’ve been exposed to asbestos will go on to develop a health problem. Many people who have been exposed will develop no health problems connected to asbestos at all.
How does asbestos cause these health problems?
When asbestos is disturbed, the fibres enter the air and can be inhaled. This can cause illnesses in the following ways:
Illness
How asbestos causes this
MesotheliomaCancer of the mesothelial cells – those that make up the lining of the lungs and chest wall, and abdominal cavity. There are several kinds: pleural (lung) and peritoneal (abdominal) are the most common.
Pleural mesothelioma: Inhaling asbestos can result in particles entering the lungs. The body can’t break down the asbestos fibres, so swelling and inflammation occurs in the surrounding area. The lining and membranes of the lungs and chest wall (pleura) can become irritated over decades and start to mutate, causing cancer.Peritoneal mesothelioma: This works in the same way, but the asbestos particle may be ingested or go to the lung first then be coughed up and swallowed, leading it to affect the lining of the abdomen.
Asbestos-related lung cancer
In much the same way as mesothelioma, asbestos can lodge elsewhere in the lung, and cause irritation over decades that can generate a gene mutation like a tumour.
Asbestosis
Asbestosis is a long-term lung condition caused by scarring in the lungs (brought on by the presences of asbestos), resulting in breathing difficulties.
Pleural thickening
Extensive fibrous scarring caused by asbestos particles can thicken the pleura (membrane covering the lungs). The scarring can grow and close off the space between the membrane and the lungs, making breathing difficult. Pleural thickening may be a precursor to mesothelioma or asbestos-related lung cancer.
Pleural plaques
Pleural plaques are not cancerous – they are benign and don’t cause long-term health issues in themselves. They are a firm (sometimes calcified) fibrous thickening of the pleura on the chest wall, lungs or diaphragm. Although they’re caused by asbestos, it’s not yet known how.
Have I been exposed? Where and how will I have been at risk of asbestos exposure?
Asbestos has been used in many industrial, public and residential buildings built before 2000. That means it is still present in buildings built before 2000, so there’s still risk of exposure when it is disturbed. For this reason anyone working or living in a building that contains asbestos which has been disturbed is at risk of exposure. However, it is people who work with building materials on a daily basis who are the most risk.
Asbestos was used from the 1950s to the 1970s primarily, in industries like mining, manufacturing, construction, building maintenance, and shipyards. You might have a greater risk of health problems from asbestos exposure if you have or had one of the following jobs:
shipyard workers
demolition workers
construction workers, including architects and surveyors
maintenance workers, including caretakers, tradespeople like electricians, carpenters/joiners and plumbers, painters and decorators, roofers, plasterers, and people who install gas, electricity, fire and burglar alarms
power plant or chemical plant workers
industrial workers, including people who work in a mine or factory where materials containing asbestos are processed
engineers, including heating and ventilation, insulators, telecommunications, and cable layers
In buildings, some of the things that may contain asbestos are:
asbestos cement products
loose asbestos in ceiling or floor cavities
roofing felt
lagging
floor tiles, textiles and composites
sprayed coatings on ceilings, walls and beams/columns
rope seals and gaskets
asbestos insulating board
textured coatings
Are there other situations in which I might have been exposed to asbestos?
Aside from people working in the building and maintenance trades, you may have also been exposed to asbestos if you were/are:
working or studying in a school built pre-2000, where building work was happening or there were regular repairs
working or living with someone who has had long-term regular exposure to asbestos
What do I do if I think I have been exposed to asbestos?
The important thing to remember is that exposure to asbestos does not automatically equal health problems. The risk of health problems increases in line with the regularity and intensity of exposure. However, some people who have had regular, long-term exposure to asbestos will develop no health problems at all.
If you think you have been exposed to asbestos, remember that it can take from 20 to 50 years for symptoms of an illness to appear. If you’re concerned, here’s what you should do:
Tell your doctor that you think you’ve been exposed, and remind them annually
Ask for regular pulmonary check ups
Consider regular pulmonary function tests or monitoring
Familiarise yourself with the symptoms of mesothelioma, asbestosis, asbestos-related lung cancer, pleural thickening and pleural plaques – and be vigilant when you develop any chest- or breathing-related problems. When you experience these symptoms, see your doctor and remind them about your exposure.
Quit smoking. Think about the cumulative carcinogenic effects that both tobacco and asbestos could have on your lungs: they each increase a chance of developing cancer from the other. Strengthen your body against impaired lung function!
What to do if you have asbestos-related symptoms
If you think you’ve been exposed to asbestos and you later develop these symptoms:
breathlessness
a chronic cough
wheezing
coughing up blood
swollen fingertips
swelling and pain in your face, neck, chest or lower back
unexplained weight loss
…then see your doctor as soon as you can. Remind them about your asbestos exposure.
All employers within the UK have a responsibility to make sure that they provide a safe environment for their workers.
The government have provided various guidelines and regulations for employers to follow.
According to the government, all employers should adhere to their duty of care in the work place by carrying out risk assessments in order to highlight potential hazards.
This risk assessment is either to be conducted either by one of the owners (if a small business) or, in a larger firm, it should be carried out by a member of staff, specifically trained in health and safety.
When a business employs five or more people, they must keep an official record of the findings of the risk assessment, as well as producing a clear, formal health and safety policy.
Employers should make sure that all workplaces are properly ventilated with fresh, clean air, and should keep temperatures at a comfortable level, at least 16 degrees centigrade.
Workplaces should be well lit in order to allow workers to move around safely, and any equipment used should be cleaned regularly.
There should be enough space for employees to work within, with at least 11 cubic metres per person.
Any potential falls or dangerous substances should be protected, and items likely to fall and cause damage should be properly stored away.
Employers should, if necessary, provide adequate washing facilities as well as clean drinking water.
Openable doors, windows, and safety devices should be fitted and, if necessary, space for employees to change and store their own clothes.
Areas should be set aside for breaks, and for eating food, as well as facilities for pregnant women and nursing mothers.
Employers should ensure that workers receive appropriate rest breaks during the working day, as well as the correct holiday entitlement.
The safety of workers who work off-site is still the responsibility of the employer, and care should be taken in order to ensure their health and safety.
Employees too have responsibilities for ensuring their own safety. If you are asked to perform a task in an unsafe environment you have a right to refuse, without fear of being disciplined by your employer.
If you feel that your employer is not meeting their responsibilities, you should approach them first. A safety representative or trade union official will be able to help you with this. If all other avenues have been exhausted then you should report your employer to the Health and Safety executive or environmental health department of you local authority.
If you are sacked for refusing to work in an unsafe environmentthen you can potentially claim unfair dismissal at an Employment Tribunal.
“Responsible companies should have no problem with mandatory accident reporting”
Accident database would cut through “myths and misunderstandings”
Affords you a wealth of information and ability to influence current legislation
The Current Reporting Situation
All employers have a legal responsibility to look after the health and safety of employees and an aspect of this involves the reporting of certain accidents, injuries and dangerous occurrences which happen in the workplace. Depending on the nature of the accident or injury, UK employers are legally required to report to the HSE or their local authority. Employers are not required to report accidents to any other bodies, but Nationwide Platform operations director Peter Douglas has called for the IPAF to make accident reports mandatory for all members.
What is the IPAF?
The IPAF provides for industries which use heavy machinery and “powered access equipment” including platform users, manufacturers, distributors, rental and training companies. Its basic role is to promote the “safe and effective” use of powered access equipment. The IPAF does this
“through providing technical advice and information, through influencing and interpreting legislation and standards, through its safety initiatives and training programmes”– ipaf.org
It’s a non-for-profit organisation owned by its members. By joining members can hope to benefit from access to a wealth of information and advice as well as the opportunity to influence current legislation and policy.
Why use it?
At the IPAF summit in April, Peter Douglas of Nationwide Platform suggested that to better protect members and improve the reputation of IPAF members should be required to report accidents. Speaking to IPAF members and conference attendees Douglas said,
“In my view accident reporting should be mandatory condition of IPAF membership. Is your company responsible? Does your company want to make the industry safe? IF yes, then get on the website and report accidents. If the answer is no, then my view is that you shouldn’t be an IPAF member.” –ipaf.org
How is it going so far?
The organisation has already opened an on-line database where members can choose to report accidents, but this is currently optional. So far 35 companies have registered to supply the database with information anonymously. The hope is that, with increased accident reporting, better risk assessment and solutions can be devised to avoid recurring accidents or dangerous trends developing.
Douglas finished his presentation commenting,
“Every accident is one too many. It is time to cut through the myths and misunderstandings. Log on and start reporting accidents. We have a system here, but it needs your help to help us save lives.” –IPAF.org
Changing The Industry For The Better
The IPAF are yet to bring in compulsory accident reporting despite Douglas making a compelling case for the change. It’s well known that accident reporting significantly reduces the prevalence of accidents and in high risk and potentially dangerous industries which require powered access equipment, a comprehensive and conscientious approach to health and safety is arguably more crucial than in other, less hazardous work environments. If you’ve been in an accident there are a few things you might want to investigate. As well as being able to make a workplace accident claim you might want to report your accident to the IPAF.
Being in an accident with an uninsured or untraceable driver is understandably frustrating. According to one survey, there were approximately 1.2 million uninsured drivers on the road in 2013 so it’s no wonder accidents involving uninsured drivers are so common. In the UK, third party insurance is the legal minimum insurance required and this covers injuries or damages to other people and vehicles if you’re in an accident.
An uninsured driver is a person who is driving without any insurance or without adequate or appropriate insurance. For example, if a person is driving a car which is insured but they, as an individual, are not insured to drive that car, then they will be classed as an uninsured driver. It’s important to remember that car insurance is a legal requirement in the UK, so not having insurance means that the guilty party is breaking the law and can expect to pay a fine, receive points on their license or be disqualified from driving.
An untraced driver is a person who leaves the scene of the accident without leaving their details and are also known as ‘hit and run’ drivers. Although not always the case, it’s often likely that an untraced driver could be driving a stolen or uninsured car so are therefore breaking the law.
What to do at the scene of the accident
If you are hit by an untraced driver then there might be very little you can do at the scene of the accident in terms of gathering information, but it’s really important that you inform the police due to the likelihood of the car being stolen or uninsured. You must inform the police as soon as possible. An uninsured driver may be reluctant to give you any details so there’s no guarantee that even if the driver sticks around you’ll be able to get any information from them. What you can do in both circumstances is gather as much information as you can at the scene of the accident:
Take images on your mobile phone
Record a description of the driver
Ask for contact details of any witnesses
Take down the make, model, colour and number plate details of the other car involved if possible
Inform the police of the crash and let them know the driver is uninsured or untraced
Inform your insurance company of the accident
What to do after the accident
If you’ve been injured as a result of being struck by an uninsured or untraced driver then your Solicitor will need to contact the Motor Insurance Bureau (MIB). The MIB is a not-for-profit organisation set up by motor insurers to support drivers hit by uninsured or untraced drivers, or UK drivers who are involved in car accidents abroad. The MIB has an uninsured and untraced drivers agreement which enables people involved in accidents under these circumstances to claim compensation against the guilty party. The two agreements are slightly different:
The Uninsured Drivers Agreement enables people who have been hit by an uninsured driver to claim compensation against an uninsured third party driver. If the uninsured driver can’t pay the compensation, the MIB will then settle the entire claim.
The Untraced Drivers Agreement enables people who have been injured as a result of being in an accident with an unidentified driver to claim compensation for their injuries.
Making a claim with the MIB
Many people prefer to contact the MIB under the guidance of a personal injury solicitor to ensure they have the greatest chance possible of being awarded compensation. This is particularly important as certain requirements need to be met for a claim to be successful:
You must report the incident to the police, the agreement requires you to do this within 14 days of the accident occurring if you are injured. For damage to property, you must make a report within 5 days.
Even though the driver is uninsured or untraced, you are still obliged to make enquiries to identify the driver, details with the police, try to contact the motorist in person, and/or trace the registered keeper via DVLA and contacting them.
If the driver can’t be identified, see if you can identify the vehicle involved through any registration number you have been given or from information from witnesses.
Contact your insurers – insurance policies require all accidents to be reported and your insurers might be able to trace the other party’s insurers. Your insurer will also have access to the Motor Insurance Database which may contain details of the motorist’s insurers.
Claims for property damage must be made within 9 months of the accident date and a £300 excess applies.
Personal injury claims must be made within 3 years of the date of the accident.
Prove fault. The burden is upon the claimant to prove that the accident was the fault of an uninsured or untraced driver. Merely having an accident which results in injury with an untraced or uninsured driver is not sufficient. You must prove fault on the part of the motorist before the MIB will entertain a claim.
If you are making a claim for injury you must prove that the injury was suffered as a result of the negligence of the other driver.
To apply to make a claim you will need to fill in a claim form which you can download here and then go through this with your solicitor or submit the claim directly. If you do use a solicitor, it’s important that they have experience of dealing with MIB claims to ensure you have the best chance possible of claiming compensation. On the claim form you can apply for the following:
Personal injury
Losses caused by personal injury or death
Medical costs for treating the injury
Loss of earnings
You can also apply for damages, vehicle repairs or replacement and hire vehicle costs if you don’t have comprehensive insurance. There are certain restrictions relating to making a claim for property damage which you will need to discuss with a Solicitor.
What happens next?
Once you have submitted your claim, the MIB will usually ask for police confirmation of the accident and then find out who is liable based on the evidence presented. The length of time it takes for a claim to be settled will depend on a number of factors including:
How long the police take to investigate the accident
Whether witnesses can be found
The extent of your injuries and how long it takes for them to be diagnosed
How much will it cost me to make a claim?
If you claim succeeds and an award for compensation is made by the MIB, all you pay is a fixed success fee based upon the level of compensation received. We guarantee that the success fee will never be more than 20% + vat. If the claim is unsuccessful there will be no cost to pay. If you have had an accident involving an untraced or uninsured driver then please contact ASD on 0800 163 622 and one of our Specialist Lawyers will be happy to assist and guide you through the process.
Sound confusing? We’ll walk you through the circumstances that effect the 3 year limitation period. The 3 year rule for bringing a claim does apply to industrial disease, but the legal tests and statutory framework are a little more complicated than in straight-forward accident claims. This article will explain what you need to know in layman’s terms.
What is the 3 year limitation?
The 3 year limitation period means that you must bring your claim within three years of your accident. But, since a lot of diseases don’t magically start on a specific day there are two dates that can be used to start the stopwatch on the three years:
the date of the cause of action e.g. the day when you fell off the ladder at work
from your date of “knowledge”
With industrial disease the date of the cause of action has long gone, or was over a period of time. e.g. a person who was exposed to asbestos every day at work, forty years ago. This does not mean you cannot make a claim. In this instance your 3 year limitation will start from the date of knowledge. The 3 year period is often referred with the phrase “time has started to run”.
What is the date of knowledge?
Generally the date of knowledge is when you first knew that your injury:
Was significant: that it was worth bringing a claim for injury.
Might have been negligently caused directly or indirectly by a defendant.
So, with a claim for deafness you will have known during the time of work where the loud noise came from – your workplace. You will also have known who the defendant should probably be; your employer at the time who controlled the workplace. But this doesnt mean that your date of knowledge is when you were employed or even when you first had some hearing loss.
If the hearing loss wasn’t any trouble or significant until recently, perhaps because as the years passed it has combined with hearing loss caused by ageing, you will not have known you had any claim at all, let alone one which was worthwhile bringing. In this situation, time will not have started to run and your date of knowledge will be much later.
Can the court argue that I “should have known?
In some circumstances, yes, but this is entirely dependent on the facts of each specific case.
A date of knowledge can be fixed if you had the resources to acquire knowledge – so you had observed evidence or you could have reasonably found evidence with medical or expert advice, and it is considered reasonable that you should have sought it.
Again, deciding this is unique to each particular case, but let’s run through some examples to give you an idea of scenarios.
Let’s take the example of shortness of breath:
Scenario One: Shortness of breath develops and you don’t go to your GP
If you started to suffer shortness of breath, you should probably have gone to see your GP. If you didn’t and instead “buried your head in the sand” ignoring the problem, the court could fix you with the knowledge you would have obtained if it finds you should have gone to seek expert medical help. You would have to have a legitimate reason for not going to the GP. If not, time has started to run.
Scenario Two: shortness of breath develops – you do go to your GP, but do not receive a diagnosis relating to industrial disease
You go to your GP. The GP had, in fact, assured you that it was just down to your fitness levels or a nasty viral cough which was going around. You had no reason to doubt the diagnosis. You wouldn’t even know you had a significant injury which might be attributable to your workplace. Time has not started to run.
Scenario Three: You return to your GP and they advise you see a specialist about industrial disease
Let’s say that the shortness of breath continues despite treatment or without any effective intervention by the GP. The GP then asked about your work history and then said your condition may or may not be down to years of inhaling dust and should be referred for expert advice on this possibility. Time may start to run, perhaps from then or arguably after that advice was obtained.
Knowledge is not always medical
The relevant expert assistance you ought reasonably to have obtained is not limited to medical expertise. You may be fixed with knowledge of facts if you reasonably have been expected to obtain it from other experts, for example by instructing lawyers.
Whether it is reasonable will depend on the circumstances – although the fact you are reading this web-page may indicate you have already reached the point where instructing a lawyer is a reasonable thing to expect of you or whoever you know that may be suffering!
I’m not sure I’ve got a claim at all. Can time start to run?
Yes, it can. The limitation period may well have started and finished! All you need to know for time to start running is the essence of the facts about which you are complaining. You may be completely ignorant about whether those acts are wrongful or not. But read on.
What if I think the 3 years has already passed? Am I too late?
All is not lost. A solicitor can help you first to decide if the 3 years has passed and even if it has, we can still try to persuade a judge that it is ‘equitable’ to allow your claim to proceed.
The court has a discretion and will take into account all of the circumstances of a case. Some cases are allowed more than 10 years after the 3 years has run out; and others are not allowed when only a few months have passed.
Every case is different – the reasons for any delay and the acts or omissions of both parties can be very important and have to be balanced. It should be stressed that every case is unique and all the circumstances are taken into account in the balancing exercise. For example, the court is less likely to favour a claimant who has no good reason for delay in starting proceedings or to favour a defendant (the person you are claiming against) who has been obstructive in answering legitimate enquiries.
The takeaway point? Once you think you may have a claim, you should act promptly.
How can a solicitor help me?
Disease cases require careful preparation, especially when it comes to considering limitation periods. We will help you to:
explain to us the detailed history of your condition
identify the circumstances that may be relevant to its cause.
identify witnesses who can help prove your claim
obtain your medical and work records to help identify your injury, when it started and what you might have known or forgotten
obtain expert evidence to prove your right to compensation
identify whether the limitation period has run out and if it has, identify the arguments to persuade a judge to let you bring your claim out of time anyway
Why is the limit set at three years?
It’s considered in everyone’s interests to bring claims promptly. Evidence from witnesses is more likely to be readily available and fresh, compensation can be paid sooner and potential defendants are not forever looking over their shoulder. So, legislation has set a statutory framework for preventing claims being brought too late.
What illnesses count as industrial disease?
Different workplaces and industries give rise to different risks. Some of those risks can give rise to immediate and obvious injury, for example broken bones caused by heavy equipment. However, disease is “insidious”, slowly and inconspicuously creeping up on the sufferer but causing serious harmful effects, perhaps not noticed until it is too late to prevent really serious injury and even death.
Disease is usually caused by exposure to a risk over a significant period of time. Typical examples of such disease are:
Asbestos related diseases including: mesothelioma, lung cancer, asbestosis, pleural thickening and pleural plaques
Lung disease – caused by exposure to dust or fumes. These may be hazardous in themselves (such as with asbestos dust) or hazardous simply because of the amount of the substance and the size of the particles being inhaled
Cancer – caused by exposure to a hazardous carcinogenic substance
Vibration White Finger or Hand Arm Vibration Syndrome – caused by using vibrating equipment
Deafness and tinnitus (or Noise Induced Hearing Loss) – caused by exposure to loud noises
Take note that this is not a definitive list.
Do I have to have been employed to make a disease claim?
No. Most claimants with industrial disease will have been employed in an industry, but others may have just been visiting industrial premises from time to time or even may have been exposed to danger just by living with a partner who worked in a dangerous industry.
For example, we have pursued a successful claim for a woman who washed the clothes of her family which had been covered in asbestos. This means she was just as exposed to the dust and developed an asbestos disease.
Asbestosis is a chronic long-term lung disease, characterised by inflammation and scarring or fibrosis of the tissue within the lungs. This scarring leads to the lungs shrinking and hardening, making it harder to breathe.
Asbestosis is a form of pneumoconiosis, which is a range of lung diseases caused by the inhalation of various dust particles. It’s different from pleural plaques and diffuse pleural thickening.
What causes asbestosis?
Asbestosis is caused by the inhalation of asbestos particles, usually intensely and over a long period. When asbestos particles enter the lungs, macrophages (defensive white blood cells in the lung) try to destroy those particles, but instead cause damage to the air sacs (alveoli) as the asbestos is too hard to break down. The alveoli then become progressively more scarred, and their ability to transfer oxygen from the air to the bloodstream, and remove carbon dioxide from the blood, becomes reduced. This reduced function leads to breathlessness and breathing difficulties.
What are the symptoms of asbestosis?
Symptoms can take many years to show after exposure to asbestos fibres. The main symptoms of asbestosis are:
Shortness of breath – you may get this occasionally after physical activity to start with, but it may later progress to be a constant symptom
Wheezing
A persistent cough
Pain in your chest
Fatigue (extreme tiredness)
When asbestosis is more advanced, clubbed or swollen fingertips.
If you have any of these symptoms and know that you’ve been exposed in the past to asbestos, see your doctor immediately. Mention your asbestos exposure to your doctor.
Even if you don’t know whether you have been exposed to asbestos, you should still see your doctor if you have these symptoms.
How is asbestosis diagnosed?
To begin with, your doctor will listen to your chest with a stethoscope. Your lungs may make dry crackly sounds as you breathe in.
Next, you may have a chest x ray to see abnormalities in the lung structure. A CT scan produces a more detailed picture of the asbestosis damage in your lungs and the surrounding membranes, and can also see if plaques are developing.
Doctors may also take biopsies of the lung tissue, and carry out lung function tests to see how well your lungs are performing.
Can I get benefits payments for asbestosis under the Industrial Injuries Disablement Benefit?
Is there a national compensation payment scheme open for asbestosis?
Yes. If you have asbestosis (also called pneumoconiosis) and you haven’t already made a compensation claim), you may be able to claim under the Pneumoconiosis etc (Workers’ Compensation) Act 1979. You will usually make a claim for this after you have started receiving IIDB. Talk to your nearest Jobcentre Plus for more information on this.
How do I make a compensation claim for asbestosis?
If you choose to pursue a claim we at ASD can help. You may first want to read our two helpful guides here:
What about time limits for asbestosis compensation claims?
Asbestosis symptoms typically take anywhere from 5 to 40 years to develop. It doesn’t matter that your asbestos exposure happened many years ago. However, if you are diagnosed with asbestosis, it’s important that you begin a compensation claim within three years of that diagnosis. If you start to have symptoms resembling those for asbestosis, and you know you have been exposed to asbestos previously, then it’s important to go to the doctor as soon as you can, and start your claim as soon as you receive a diagnosis of asbestosis. You can read more about time limits for occupational disease claims here.
Is there a cure for asbestosis
No, it’s a chronic condition. The damage to the lungs can’t be reversed. However, it is quite possible to live a long and healthy life with asbestosis: some cases may not progress or worsen, or do so very slowly. But some asbestosis cases may deteriorate, causing progressively worse breathing difficulties.
Stopping smoking It’s very important to stop smoking as soon as you find out you have asbestos-related conditions. Smoking can add further risk to the existing possibility that you may develop lung cancer and it increases the symptoms of breathlessness. Stopping smoking can help prevent further damage to your lungs.
Vaccinations Lungs with asbestosis are weaker and more susceptible to infection. This means that flu vaccinations can be especially beneficial.
Oxygen therapy The breathing and lung symptoms can be treated with oxygen therapy to increase the oxygen carried around your body in your blood.
Physiotherapy If you have a lot of mucus in your lungs that you can’t clear properly, then you may receive respiratory physiotherapy to help remove this. This may be postural drainage or chest percussion.
Medication You may also be given medication to thin the fluid in your chest, making it easier to cough. Other medication may include inhalers to open up your airways and make breathing easier. Occasionally doctors may prescribe small doses of morphine to alleviate the breathlessness symptoms of asbestosis.
Surgery In very rare cases, it may be possible to surgically remove some of the fibrous scarring, although this is uncommon and its effects are limited in success. Other surgical interventions can include thoracentesis, which is manual draining of the fluid that may gather in the lungs (pleural effusion).
Will I develop other asbestos-related conditions if I have asbestosis?
You may develop pleural plaques and diffuse pleural thickening if you already have asbestosis. You may also get pleural effusion – excess fluid in the lungs.
Will I develop mesothelioma or lung cancer if I have asbestosis?
If you have asbestosis, you have an increased chance of developing lung cancer, or more rarely, mesothelioma. However, that does not mean you will definitely develop either of these cancers.
How many people does asbestosis affect?
Statistics are complex, since asbestosis takes years to develop and show itself after past exposure. However, the Health and Safety Executive reports that, in 2013, there were 217 deaths where asbestosis was recorded as the underlying cause
What next?
If you’ve been exposed to asbestos, or have pleural plaques with symptoms then give us a call on 0114 267 8780 or 0800 163 622, or email us, and we’ll help you to get started.
You might also be interested in our other asbestos content:
In this guide to road traffic accidents caused by animals, we discuss what you should do if you hit an animal while driving or in a vehicle, and when you can make a claim.
What types of animals can cause road traffic accidents in the UK?
Collisions with cars can involve domestic animals like dogs and cats, which may have escaped from their owners on a walk or from their home, or they could be strays.
Large animals like horses, donkeys and mules may be on the road being ridden by people or used in animal-drawn vehicles (like carts and carriages), or could have escaped from their field.
Agricultural animals like sheep, goats, pigs and cows may also break out of their fields and barns and present a danger to road users. Wild animals like deer, foxes, badgers, rabbits and animals often live in the areas directly adjoining roads, such as fields, woodlands and hedgerows, and could easily stray out into the road, especially during mating seasons and during dawn and dusk, which are their most active times. Sadly these times also coincide with the traffic rush hours.
What to do if you have a traffic collision with an animal
The law has some interesting definitions of ‘an animal’, so what you’re legally obliged to do depends on what kind of animal you have a car accident with.
If it’s a:
By law, you’re required to:
dog horse donkey mule goat cow sheep pig
Stop your vehicle.Inform the police immediately.Stay at the scene of the accident until the police allow you to leave. This will usually be after they’ve attended the scene of the accident.
If it’s any other type of animal, such as:
You should:
cat deer fox badger rodent
Inform the police. Although this isn’t a legal requirement, it’s a good idea if the animal is dead – as they may need to inform the local authority to arrange disposal of the animal’s body.If the animal is still alive, contact a wildlife rescue organisation that can help with vet treatment.
At the scene of any road traffic accident involving an animal, you’re advised to:
Stay safe: set up a hazard area, and move yourself and the animal (if possible) out of the path of oncoming vehicles.
Only approach the animal if it’s safe to do so. Be aware that an injured animal – particularly a wild one – may feel very frightened and defensive, and possibly respond aggressively to you.
If it’s a domestic animal that’s not aggressive, keep it warm and calm, but don’t offer it food or water. This could interfere with any medical treatment.
Take photos of the situation, including the location, weather and visibility conditions, condition of the animal, any injuries you’ve sustained and any damage to your vehicle.
Take the contact details of any witnesses who will be able to provide the police (and possibly insurers) with more information on exactly what happened before, during and after the accident.
How many road traffic accidents involve animals?
Wild deer
The UK National Deer-Vehicle Collisions Project estimates that over 74,000 deer may be involved in vehicle collisions each year in Britain. 10 and 20 people are killed and over 700 injured every year as a result of accidents involving deer, either through direct collisions or swerving to avoid deer. The cost of damage to vehicles alone is estimated to be at least £17 million. 80 per cent of deer-related vehicle collisions in the UK occur in England, with the highest numbers recorded in the South East, where traffic levels are highest.
Horses
The British Horse Society believes that road accidents involving horses are significantly under-reported, a view supported by data the Hospital Episode Statistics Online. The HES data surrounding external causes of visits to hospital in 2011–12 reported 4,199 episodes requiring treatment in hospital for ‘animal – rider or occupant animal drawn vehicle injured in transport accident’.
What is the law on animals and liability for damage in road traffic accidents?
Liability for animals is covered by the Animals Act 1971. This is where the definition of animals come from – and where cats are, strangely, excluded in the definition of an animal.
In the Animals Act, animals are classed as dangerous or non-dangerous species.
Dangerous species
A dangerous species is one that isn’t commonly domesticated to the UK, and is likely, when fully grown, to cause severe damage unless restrained.
The law is fairly clear cut for dangerous animals: the keeper (or owner) of the animal is strictly liable for any damage caused by that animal, whether or not it was caused the keeper/owner’s negligence. That doesn’t have to relate to the animal’s direct actions, such as straying onto the road, or attacking, but even if the vehicle it’s being transported in causes a traffic accident.
For this reason all keepers of dangerous wild animals are required under the Dangerous Wild Animals Act 1976 to be licensed by their local authority (the council) and to take out insurance against liability for damage to third parties.
Non-dangerous species
Litigation using the Animals Act for non-dangerous species is notoriously complicated, since there are numerous tests that a case must pass before clear liability can be shown on the part of the owner or keeper of the non-dangerous animal. These tests are:
The likelihood test – the likelihood that the animal, if unrestrained, was to cause this damage, and that if it did cause that damage, the damage would likely be severe.
The characteristics test – whether or not this damage was due to characteristics of the animal not usually seen in other animals of the same species (ie, like another cow) or may only happen in certain situations. For example, has the animal behaved in an especially strange way that is not normally associated with that species’ usual behaviour?
The knowledge test – whether these characteristics were known to the keeper of the animal at.
Defences to owner/keeper liability
There are, of course, substantial exceptions to the liability of a non-dangerous animal’s keeper. For example, the animal’s keeper or owner could use these defences to prove they aren’t liable:
The damage caused was wholly the fault of the person suffering it
The person who suffered the damages was aware of the risks and voluntarily assumed them (except when that person did this as a regular part of their job)
The damage was suffered by someone trespassing on the property, and the animal concerned wasn’t kept as a guard animal, or it being kept as a guard animal was reasonable and justified.
Can you claim for compensation if animal caused your road traffic accident?
If the animal is owned:
Dogs and cats are usually pets who will have an owner. In many cases they may be microchipped, enabling identification of the owner. Livestock such as horses, cows, sheep, goats and pigs will be owned by someone – usually a farmer or local landowner.
Occasionally, a deer may be owned, especially if it’s escaped from a venison farm where deer are bred for meat. If that’s the case, it may have some identifier on it such as an ear tag. However, for the most part, deer are presumed to be wild animals unless otherwise proven.
If the cause of the traffic accident can be proven to be the clear liability of the animal’s owner, through their negligent action, then you may have a case to claim for compensation.
What if the animal is killed? Can I still claim against the owner?
If the animal is killed and the accident was not your fault, you may be able to claim compensation from the owner or keeper, if it can be proven that their actions were negligent and led to the animal causing the accident.
If the animal is wild:
It’s unlikely that you’ll be able to claim compensation if a wild animal caused your collision. Wild animals like wild deer and foxes aren’t owned by anyone, so it would be difficult to prove that someone else’s negligence caused them to be on the road. They are, of course, wild, which means they go where they please – and that can include the road!
If I accidentally hit a domesticated animal with my car, do I have to pay for the animal’s vet treatment?
You’re only legally liable for the vet treatment bills if the accident is found to be your fault (ie, caused by your reckless driving).
If you hit a wild animal and take it to an animal rescue or specialist vet, you won’t necessarily have to pay any vet bills. The medical treatment of wild animals at independent rescues is usually funded by charitable donations.
What next?
If you’ve had a road traffic accident involving an owned or domesticated animal, you could make a claim for compensation.
