Asbestos related lung cancer compensation

Excluding mesothelioma, there is no particular type of lung cancer that is exclusively caused by exposure to asbestos dust. Both small cell lung cancer and non-small lung cancer can be caused or contributed to by exposure to asbestos dust.

Even if you were a smoker, it is possible that asbestos exposure has contributed to your lung cancer. This is because the risk of developing lung cancer increases in direct proportion to the level of your exposure to asbestos dust.

There is no clinical means of distinguishing between lung cancer caused by asbestos and lung cancer caused by smoking. However, medico-legal opinion is that if you have a 5% risk of developing lung cancer as a result of asbestos exposure and a 10% risk as a result of smoking, your combined risk of developing lung cancer equates to 50%.

Historically, it was presumed that lung cancer could not be caused, or contributed to, by asbestos exposure unless asbestosis was also present. However, research has confirmed that asbestos related lung cancer can occur without the presence of asbestosis.

A diagnosis of other asbestos-related diseases such as asbestosis and pleural thickening can raise the possibility that the lung cancer has been caused by exposure to asbestos dust.

Whether your lung cancer can be attributed to asbestos exposure or not will also depend upon the level of your exposure to asbestos dust. In order to be able to pursue a successful asbestos related lung cancer compensation claim, you must be able to show very heavy exposure to asbestos dust.

The criteria used in assessing whether exposure to asbestos dust has caused the lung cancer is known as the Helsinki criteria. It is widely accepted under the criteria that exposure to asbestos dust to the level of 25 fibre/ml years must have occurred for asbestos related lung cancer. This is the equivalent of approximately 1 year of heavy exposure to asbestos dust, for example an asbestos lagger, or 5 to 10 years of more moderate exposure to asbestos dust, for example a carpenter cutting asbestos sheets.

This will vary from case to case and will depend on the injuries you have suffered, the medical treatment that you may require, and any losses incurred.

The claim amount may be made up of the following:

• An amount for the injury the disease has caused, whether physical or psychological.
• Any care that you have received in the past and any that you may need in the future, whether that is paid or unpaid. We can also include a claim for costs incurred by a hospice (whether you are an inpatient or outpatient).
• Any loss of income that you have suffered and any that you may suffer in the future.
• The cost of additional services such as DIY, gardening and window cleaning, whether those services are paid for or are unpaid.
• A claim on behalf of dependants (such as a spouse, child, or other family member) for services provided, care provided or financial dependency.
• Out-of-pocket expenses such as aids and equipment, travel, private medical costs and alternative treatment costs.
• You should note that if you have also been a smoker, then there is likely to be a deduction to your compensation to reflect the fact that your smoking has also contributed to lung cancer.

We will assess whether there are sufficient prospects of success in your case to take your claim on under a ‘no win, no fee’ agreement (also known as a Conditional Fee Agreement)’.

Get in contact with us for a free, no obligation meeting to discuss your options, and answer any questions you may have.

Industrial injuries disablement benefit - People who have lung cancer and asbestosis or who have lung cancer and have worked with asbestos in certain high risk jobs may also be entitled to apply for industrial injuries disablement benefit for asbestos related lung cancer. The specific jobs include:

• The manufacture of asbestos textiles
• Spraying asbestos
• Asbestos insulation work
• Applying or removing materials containing asbestos in the course of ship building where all or any of the exposure occurs before 1 January 1975. This must be for a period of, or periods which amount in aggregate to, five years or more, or otherwise for a period of, or periods which amount in aggregate to, ten years or more.

Pneumoconiosis etc (workers’ compensation) Act 1979 - An application for a lump sum payment under the Pneumoconiosis etc (Workers’ Compensation) Act 1979 can also be made where there is a diagnosis of primary lung cancer together with asbestosis or bilateral diffuse pleural thickening and provided that the lung cancer and accompanying condition was caused by employment. A lump sum payment can only be made where compensation from a civil claim in respect of the disease has not already been received and provided that Industrial Injuries Disablement Benefit has been awarded. The award is generally made where the employer has ceased trading. An application can also be made by a dependant within 12 months of death where a diagnosis of lung cancer with asbestosis or bilateral diffuse pleural thickening was given.