WORK RELATED ILLNESSES AND DISEASES

June 3rd, 2008 Hinchliffes

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.

Most people are aware of the risks associated with exposure to asbestos, which was in common use during the 1960s and 70s, particularly in the mining, construction and ship building industries. It was inflammable, flexible and had low heat conducting properties, appearing to be ideal for use in insulation, brake linings, cement and general fire-proofing. In fact it was used heavily after World War II and was not completely banned from use in the UK until 1999.

Exposure would usually have taken place over a number of years. Asbestos is made up of millions of fibres, substantial quantities of which were often inhaled into the lungs, making the substance very dangerous. Asbestos related diseases can take up to 40 years to develop and can be suffered not only by the exposed worker, but also by their families who came into contact with their work clothes containing asbestos particles.

There are various different types of asbestos related diseases, including asbestosis, mesothelioma and lung cancer.

The main symptoms of asbestosis include shortness of breath, chest pain, unexplained coughing and a feeling of tightness across the chest. As soon as any symptoms arise it is advisable to seek immediate medical advice. Unfortunately, following diagnosis of asbestosis the condition cannot be cured. Treatment is by way of oxygen therapy, often combined with medication to treat individual symptoms.

Mesothelioma is a type of cancer that can affect the lungs, heart or abdomen. There is unfortunately no cure, and because of the aggressive nature of the cancer, sufferers often only have a short time to live once a diagnosis is made. The disease is caused by inhaling asbestos particles, but unlike other asbestos related conditions it can develop after exposure to relatively low levels of asbestos and over a fairly short period of time. Sufferers often include boilermakers, joiners, carpenters, motor mechanics, pipe fitters, plumbers and their families.

Mesothelioma usually develops between 15 and 40 years after exposure. There is a long list of commonly experienced symptoms, including pain in the lower back, abdomen or chest; persistent coughing; difficulties breathing; shortness of breath; tightness in the chest; unexplained sweating or fever; rapid weight loss; difficulties swallowing; loss of appetite; diarrhoea; constipation; nausea; vomiting and abdominal swelling. If symptoms manifest it is again advisable to seek immediate medical advice.

There are many other work related illnesses and diseases, too many to mention in this article. However, another significant condition is asthma, which can be caused by exposure to various types of dusts, gases and chemicals. It is also common for bakers and bakery workers to develop this condition following exposure to flour.

Asthma may develop weeks or months after the initial exposure, and causes breathing difficulties as a result of the narrowing of airways. Sufferers may need to take medication for the rest of their lives, but the condition is not usually fatal. The most common symptoms are coughing, wheezing, shortness of breath and tightness across the chest. If treated promptly, the effects can be short term. However, in some cases there could be permanent breathing difficulties that may have a significant affect on future earning capacity and lifestyle.

Anyone developing asthma later on in life may well find that it is attributable to their working environment, rather than being a hereditary condition.

Where any illness or disease can be linked to working conditions, and if the employer is likely to have breached Health and Safety regulations, a claim for compensation can often be made against them not only for the sufferers’ ill health, but also for financial losses (eg lost income) and which can be substantial. In the unhappy situation where the sufferer dies, their family can make the claim. If the company has ceased trading, it is usually still possible to trace their insurers, to whom the claim can be directed. However, there are strict time limits for making claims, which usually start when it is first suspected that working conditions may have contributed to the condition.

QUESTIONS & ANSWERS

I used to work in a flour mill before I was a truck driver. I thought my shortness of breath was due to smoking, but could it be anything to do with flour dust?

It is possible that your condition may have arisen from inhaling flour dust, but there is no doubt that smoking would add to the situation. There is a 3 year time limit to bring a claim for industrial asthma, and you may want to seek immediate legal advice.

When I was a young man I delivered asbestos products while working for a company for about 2 years. I would load up sacks in the warehouse and drop them off by hand to building sites. I am now 62. Should I be concerned?

You do not necessarily need to be concerned, as the amount of asbestos dust you may have inhaled could be modest. However, if you have any doubts you should see your GP. If you do have any early signs of an asbestos related disease, the sooner you get treatment the better, and you might also want to seek legal advice about any potential claim for compensation.

My dad used to work on the ships and died last year from mesothelioma. He was 78 and left my mother with very little money to live on. Can she get any financial help?

As a surviving dependant spouse, your mother would be able to make claims for compensation on behalf of your father’s estate and in her own right. These could include compensation that he would have been able to claim prior to his death, together with claims for her financial dependency on him. In situations like this, the total compensation awarded could easily exceed £50,000 and may be higher depending on the individual circumstances. Your mother should seek legal advice quickly, as there are time limits for making this type of claim, but if she does not feel up to it then you could approach a solicitor on her behalf.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or work related disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win – No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.