Archive for the 'Asbestos' Category

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party.  This will usually be your employer, but might include workers from other companies.  Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

Deaths from diseases caused by the inhalation of asbestos are not solely the result of working in heavy industry, as had been the widely held belief.  Nurses, doctors and teachers are among the 4,000 people each year who are dying from these diseases.

Statistics show that 183 teachers and lecturers died from Mesothelioma in the 20 year period between 1980 and 2000, but the disease claimed 76 lives in the 4 year period between 2002 and 2005.  There has been a similar increase in the number of nurses dying from this disease – from 49 between 1980 and 2000, to 25 between 2002 and 2005.

The Health and Safety Executive’s recent statistics show that for 2007/2008 there has been a reduction in the number of people who have been killed, injured or made ill by accidents at work.

Figures suggest that the incidents of work accident injury have fallen by approximately 9% since 2000, and that this trend is continuing.  Fatal workplace accidents have also reduced by around 5%.  The number of reported work related diseases appears to have also fallen, however there has been an increase in asbestos related diseases, such as Mesothelioma.

In 2005 mechanic Robert Earl died of the asbestos related disease Mesothelioma.  In 1969 he had spent approximately 8 months working at a local garage, where he was exposed to asbestos in the brake linings of the commercial vehicles that he was repairing.  A claim was made against the garage by Mr Earl’s Executors, who were successful in recovering injury compensation for his family.

Although the exposure to asbestos in this case was relatively minor, the success of the Mesothelioma claim could set a precedent for others seeking personal injury compensation as a result of limited exposure to asbestos.

Mesothelioma is a form of cancer where there sufferer is found to have affected cells in the mesothelium, which is the protective sac covering most of the body’s internal organs.  The condition mainly affects the lining of the lungs (the pleura) and the area around the lower digestive tract (the peritoneum).

The majority of sufferers develop the condition as a result of inhaling asbestos fibres, usually while at work, and many are able to successfully pursue work related industrial disease claims. 

A significant period of time can elapse between the first exposure to asbestos and diagnosis with the condition.  This is seldom less than 15 years, and can even be up to 60 years.  As a result the current mortality rates is a reflection of the poor working practices and conditions of the UK’s industrial past.

On 9 July the Government published its consultation paper with a view to responding to the controversial decision made by the House of Lords on 17 October 2007 that workers who had pleural plaques should not be compensated for this by their employers.

Pleural plaques are small localised areas of fibrosis that are found within tissues in the lungs and which are caused by exposure to asbestos.  Prior to this landmark decision injury compensation was recoverable for this condition.

The consultation paper will consider issues of law and the medical evidence upon which the House of Lords relied in making their decision.  Action to promote a greater understanding of the condition is also suggested, in addition to increased support once a diagnosis is made to ease concerns, particularly regarding the recognised asbestos related illnesses asbestosis and mesothelioma.

The Ministry of Justice has announced that a consultation on the Law Lords’ pleural plaques ruling begins this month and is expected to reach a decision in time for the Queen’s speech in November.

The consultation will consider options including restoring the right to injury compensation for pleural plaques which was removed by a decision of the House of Lords in 2007.

Pleural plaques rarely cause physical symptoms but they are a sign of asbestos damage and are associated with an increased risk of developing fatal conditions like mesothelioma.  Simply having knowledge of the condition often causes sufferers to become anxious or even clinically depressed.

Published in Truckstop News – June 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors examines instances of “WORK RELATED ILLNESSES AND DISEASES”.

It is quite common for workers to develop an illness or disease after coming into contact with harmful substances in their workplace.  If this situation arises, the employer who exposed the worker to such substances may have to pay compensation.

Where a worker’s job might bring them into contact with dangerous substances, their employer should investigate the possibility of replacing the substances with something less harmful.  However, if it is decided that contact with the substances is unavoidable, the employer should provide appropriate protective clothing and equipment, to minimise the risks.

A woman who was exposed to asbestos when she worked in a factory as a teenager has been awarded substantial compensation when she made a personal injury claim.

It was not until 2006 that the woman (now aged 65) was diagnosed with mesothelioma, which disease is caused by exposure to asbestos dust.  Tragically, once a diagnosis is made sufferers of this condition often have only a few months to live.

The exposure to asbestos happened while she was working as a clerk for a clothing company.  Asbestos was used in the factory in steam pipes, and also in protective pads that were used to press the garments.  She was only 16 years old at the time and remembers that asbestos would fall from the ceiling, which she then had to sweep up.  As a result she was covered with asbestos dust and this penetrated to her lungs, causing the fatal disease.