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LAWCHAT -
Winston Solicitors legal blog
What is Asbestos?
It is a naturally occurring mineral fibre well known
for its heat and chemical resistant properties. This in
turn has made it a popular insulating material for
centuries. The name asbestos derives from the Greek for
inextinguishable.
What was it used for?
Asbestos due to its heat resistant and insulating
properties has been used to manufacture various
products. These include asbestos cement roofing
products, cloth and other insulating material. It could
also be mixed and sprayed or hand applied to pipework,
panels and steel girders.
Types of Asbestos:
White otherwise known as Chrysotile, which was the
most commonly used type. Crocidolite also known as
blue asbestos. Brown asbestos also known as Amosite.
It is also not unusual for samples of materials to
contain a combination of all three types.
Exposure:
This is caused by inhaling or ingesting the tiny
fibres. A person can also be exposed to the fibres many
years before a disease may develop. So a person
exposed to asbestos fibres may develop a disease
between 15-40 years after exposure or even longer.
exposure to even one fibre can cause the development of
a serious illness or serious exposure. Or equally a
person with heavy asbestos exposure may never develop
any illness.
Diseases:
A lot of people refer to any asbestos related
condition as “asbestosis”. This is not necessarily the
case as there are other asbestos related conditions.
Some are malignant and so life limiting, whilst others
cause few or no
symptoms
but can increase a persons vulnerability to developing
the more malignant forms of an asbestos related disease.
Unfortunately at the present there are no cures for any
of these ailments.
Pleural Plaques:
These are scar tissue on the outer lining of the
lung. They are often symptomless and their development
shows that a person has been exposed to asbestos.
Unfortunately it is not possible to make a compensation
claim for this condition at the moment.
Pleural Fibrosis/ Thickening:
This affects the outer lining of the lung and is more
extensive than pleural plaques. The fibrosis restricts
lung function and causes breathlessness and can reduce
life expectancy.
Asbestosis:
Asbestosis
occurs when fibrous tissue in the lungs has been
damaged. It is a progressive disease that causes
breathlessness and a cough. Life expectancy can be
reduced as a result and additional strain may be placed
on the heart through having this condition. This acts a
marker for the development of lung cancer and
mesothelioma.
Lung Cancer:
establishing a link between lung cancer and asbestos
exposure is very difficult. This is because medical
opinion is divided on the subject, particularly where
the victim is or once was a smoker.
Mesothelioma:
A malignant tumour of the lining of the lung. It can
also be found in the lining of the abdominal cavity and
heart.
Considerations:
In considering a
claim for
asbestos compensation, a firm medical diagnosis is
very important. Often a person develops shortness of
breath or a cough and may not firstly associate this
with exposure to asbestos. A diagnosis itself would be
made after having x-rays or a lung CT scan to determine
whether or not there is any scarring or thickening of
the lungs. Lung function tests can also be carried out
to see what may be causing a reduction in the function
of the lungs. Other matters to consider are how a
person actually became exposed to the asbestos and the
degree of exposure.
Please note: that we have had a
number of enquiries from claimants stating that doctors
are failing to properly diagnose conditions relating to
asbestos. If you or your family have encountered this
you may be able to make a claim for
medical negligence.
Please speak to us if you need an unbiased legal
opinion.
Those who develop an asbestos related condition are
not always people who were employed in its manufacture
or usage.
For those who were exposed to asbestos dust at work
other considerations to be made relate to ventilation in
the workplace, the types of protective clothing or masks
offered, witnesses such as work colleagues who can
verify asbestos exposure and whether the person smoked.
Of course this list is not exhaustive but anybody who
develops such a condition should contact a Solicitor
immediately to see if they are able to make a claim for
compensation.
Time Limits:
Once a firm diagnosis of an asbestos related
condition has been made then a person has three years
from the date of knowledge of the development of an
asbestos related condition in which to make a claim for
compensation.
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