Asbestosis compensation claims

Asbestosis is a very specific condition that refers to fibrosis of the lungs caused by breathing in asbestos fibres over many years. The term asbestosis is often misused to describe almost any asbestos related condition, which can be confusing.

It is usually individuals who have had significant exposure to asbestos, over several years, who go on to develop asbestosis. The effects normally appear after twenty years or more of exposure to asbestos. Asbestosis may cause breathlessness and can become more severe over time, and unfortunately, there is currently no cure.

These are the most common asbestosis symptoms:

• Shortness of breath.
• Persistent cough.
• Wheezing.
• Extreme tiredness (fatigue).
• Pain in the chest or shoulder.
• In more advanced cases, swollen fingertips.

In order to show that fibrosis of the lungs is due to asbestosis, it is necessary to show that there has been a substantial amount of asbestos exposure. In general, it is necessary to show that there has been at least one year of heavy exposure or at least five years of moderate exposure to asbestos.

As a general rule, the greater the level of exposure to asbestos, the greater the extent of the asbestosis.

The amount you can potentially claim for being diagnosed with asbestosis depends on a range of different factors.

This could include how severe the disease is, its impact on your quality of life, impact on ability to work, medical expenses, and any additional damages caused. For a more accurate determination of this it would be best to make an enquiry with our team who can assess the specifics of your situation.

The duration of an asbestosis claim can vary, depending on how complex the claim is, the legal processes involved, and the cooperation of the parties involved.

Generally, asbestosis claims can take several months to a year or more to reach a resolution. The process typically involves gathering evidence, assessing medical reports, negotiating with relevant parties, and potentially going through litigation if a settlement cannot be reached through negotiation or alternative dispute resolution methods.

Proving asbestosis typically requires a combination of medical evidence and documentation related to asbestos exposure.

Medical professionals specialising in lung diseases can carry out scans and lung function tests. These investigations can help determine the presence of asbestos related lung damage and rule out other conditions with similar symptoms. Additionally, providing evidence of asbestos exposure through work history, witness evidence, or records of asbestos containing products can further support the claim.

Asbestosis is unfortunately incurable, and the damage is irreversible, as once the asbestos fibres are breathed in, they stay in your body forever. However, people can sometimes live with asbestosis for several years and its impact on day to day life can vary from person.

Unfortunately, asbestosis does tend to get worse over time as it develops. When asbestos fibres are inhaled, it causes scarring and inflammation in the lungs, which develops into fibrosis. This typically gets worse over time, and symptoms will gradually become more prominent as this happens. How fast it progresses varies for each individual and can be impacted by how much asbestos they were exposed to and additional respiratory conditions. When we settle your claim, we can ensure that there is provision for you to make a further claim if your asbestosis significantly deteriorates in the future.

It can take quite a while to see signs of asbestosis after being exposed, typically ranging from ten years to up to forty years. The symptoms may not become visible until it has progressed to a noticeable stage. This is why if you have a history of being exposed to asbestos, it is important to have regular medical checks in order to detect asbestosis as early as possible.

You may be eligible for several benefits if you are found to be diagnosed with asbestosis, such as the following.

Industrial Injuries Disablement Benefit - If you have an asbestosis claim and believe the disease was caused by your employment then you are entitled to apply for Industrial Injuries Disablement Benefit, a weekly payment from the government.

Pneumoconiosis etc (Workers Compensation) Act 1979 - A lump sum payment under the Pneumoconiosis etc (Workers Compensation) Act 1979 can also be applied for where the diffuse pleural thickening was caused by employment, provided that no compensation from a civil claim in respect of the disease has already been received. This award is generally made when the employer has ceased trading.