Asbestos

What is asbestos and why is it used?

Asbestos is a material which does not burn and transmits heat poorly making it highly resistant to fire and heat. It is also a poor conductor and useful as an insulator against electricity. It is strong yet flexible, resists corrosion and can be used externally. It can be applied to a product by spray painting or can be mixed with a product such as concrete. It has been widely used as an insulator and for fire protection in equipment and buildings for over 100 years.

Three main types of asbestos exist :-

• blue (chrocidolite)
• brown (amosite)
• white (chrysolite)

Blue and brown asbestos are the most dangerous and have not been used significantly in the UK since the 1970s. However, many older homes, buildings and equipment still contain asbestos and white asbestos was only banned in the UK in 1999.

Asbestos diseases

Anyone who has been exposed to airborne asbestos fibres is potentially at risk of developing an asbestos related disease. Risk appears to increase when exposure is heavier although individuals who have suffered only brief exposure have been known to develop asbestos related diseases.

Families of workers exposed to asbestos are also at risk from fibres brought home on the clothing, skin and hair of workers. Similarly, people living or working near factories and other premises which used asbestos may have inhaled asbestos fibres in the air and might be at risk.

Asbestos related diseases mostly affect the heart, lungs and stomach and many are serious and can be fatal. Health problems may not arise until some years after the exposure to asbestos fibres. The most serious illnesses include :-

Asbestosis :

a slowly progressive disease which can take up to thirty years between exposure and development and which is a non-cancerous disorder caused by scarring that forms on the tissue of the lungs. Symptoms include shortness of breath, coughing and a dry crackling sound whilst inhaling. Death may result.

Lung cancer :

the most common type of cancer diagnosed in those who have had prolonged exposure to asbestos. Individuals who smoke and who have been exposed to asbestos are at much higher risk of developing lung cancer.

Mesothelioma :

This can take up to fifty years to be identified in some individuals due to lack of noticeable symptoms. It is a type of cancer of the thin tissue membranes lining the thoracic and abdominal cavities and surrounding organs. Malignant mesotheliomas are difficult to treat and have a very poor prognosis. Symptoms include shortness of breath, pains in the lower back or chest, unanticipated weight loss and coughing.

Pleural plaques :

Scarring of the lining of the lung (the pleura) which are an early indicator that lung damage has been caused and that the individual concerned has a higher than normal risk of developing a more serious condition. Lung function is impaired by restricted breathing capacity but the illness is not cancerous or life threatening. A Court of Appeal decision in 2006 ruled that Pleural plaques "...did not amount to more than minimal damage and were insufficient to establish a cause of action". Accordingly, compensation is not payable for Pleural plaques although the decision is being appealed to the House of Lords.

Occupations at risk

As previously mentioned almost anyone who has inhaled asbestos fibres is at risk. Certain occupations, however, are likely to have had a higher level of exposure to asbestos products including :-

Construction workers :

• insulators
• plumbers
• fitters
• plasterers
• cement workers
• roofers
• carpenters
• welders
• labourers
• demolition workers
• shipyard workers
• laggers
• painters
• pipefitters
• maintenance workers
• boiler makers
• generally anyone who lived and worked on ships in the 1940s to 1960s.

Car Industry :

• production workers
• mechanics
• brake repairers
• brake and clutch manufacturers/assembly workers
Aero Industry:
• aircraft manufacturing production workers
• aircraft mechanics
• aerospace workers
General occupations at risk :
• Cement plant production workers
• Sheet metal workers
• Machinists
• Power Station workers
• Railway workers
• Electricians
• Telephone workers
• Insulation industry workers

The Law

If you have been diagnosed with an asbestos related illness you may be entitled to compensation provided it is possible to identify the source of the asbestos exposure and that it can be proven that person was legally responsible for your illness.

Because development of asbestos related diseases can take many years there can be difficulty in tracing employers and, in particular, their insurers. A detailed work history including places of employment where exposure to asbestos occurred is a necessity.

Strict time limits apply in claims involving personal injury and legal advice should be contemplated immediately any diagnosis of asbestos related disease is made. Generally, court proceedings must be taken within three years of the date upon which the individual knew, or suspected, that he/she was suffering from an asbestos related disease. It is possible, on occasions, to extend the three year time limit but legal advice should always be taken without delay.

Please contact us for further information.