In Great Britain 6,000 people die from work related cancer each year and 1,600 develop the disease from exposure to asbestos.

The material, which was widely used in the joinery industry, has proved a very long-term disease hazard. Asbestos sheets were used to line doors to prevent fire and this would involve sawing asbestos sheets before drilling holes to fix them to the door. Planing would also be necessary.

Asbestos was also used extensively for ceilings, floor tiles and partitioning until the 1970s and 1980s. Anyone working with these products would release asbestos into the atmosphere and often no masks, protective clothing or warnings were provided to employees – thus placing them at risk.

Effects of exposure

Following inhalation of asbestos dust, it can take up to 60 years before a problem develops – the dust lies in the lungs like a time bomb. Not only those who worked with the dust are affected but anyone exposed to the worker’s clothing can be affected by these illnesses.

If you were exposed to asbestos dust what can you do to help yourself? The good news is that not everyone who was exposed will go on to develop lung cancer or an asbestos-related illness. If you believe you have been exposed, you should consider asking your GP for an X-ray. This may show asbestos scarring known as pleural plaques.

If you do have these you would be entitled to £7,000 compensation plus payment of legal costs. It is also possible to ask for an order from the court that would entitle you to come back for further damages if more serious illnesses were to follow.

It is very important that anyone who has been diagnosed with any form of industrial disease files a claim at court within three years from the date of diagnosis. It is still possible to apply to the courts for permission to bring a claim out of time but whether or not this is granted will depend on the judge.

Anyone suffering from any of the above mentioned illnesses is entitled to claim Industrial Disablement Pension. This is a weekly payment from the government and is in addition to any other pension the person might receive. Asbestos sufferers can also claim for a government lump sum payment if the employer for which they earlier worked and exposed them to asbestos is no longer in existence.

Payouts variable

Damages payable for industrial disease will vary depending on the type of illness and degree of disability. Payments for industrial deafness average out at about £7,000-8,000. Damages for asbestos claims vary widely from £4,000-500,000, depending upon the degree of disability.

Any employer who may have exposed an employee to dangerous dust or noise should keep their Employer Liability Insurance Policies for up to 60 years – due to the length of time it can take for asbestos illnesses to develop. If an insurance policy cannot be found, the employer could be liable to pay any claim direct, which could cause liquidation of a small company.

  • For readers of TTJ magazine, Brigitte Chandler is offering a free helpline to anyone concerned they might be suffering from industrial illness. Contact her at law firm Charles Lucas & Marshall on 01793 511055 or e-mail brigitte.chandler@clmsolicitors.co.uk.