Asbestos Diseases
Broadly speaking there are five separate medical conditions associated with the inhalation of asbestos fibres.
These are as follows:
This is the most common form of asbestos related disease. Plaques are essential a scarring of the outer lining of the lung. The process whereby such scarring occurs is that asbestos fibres penetrate the lung. If the lung's natural defence mechanisms cannot exhale or expel the fibres, then over a period of time (usually at least ten years) the fibres cause a thickening of the tissue of the pleura. Because the pleura is effectively outside of the lung, pleural plaques are usually benign and asymptomatic. There are some reported cases where the pleural plaques become so extensive that they constrict the working of the lung and can cause both pain and breathlessness. By and large however, they do not cause any respiratory disability. The plaques are usually discovered after a chest X-ray or CT scan.
There is a further issue concerning the development of pleural plaques. They are a clear indicator of past asbestos exposure, usually significant exposure and this means that the sufferer is at risk of developing other more serious asbestos disease in the future. It is important to bear in mind however that pleural plaques will not of themselves deteriorate and become - for example - asbestosis. They are a marker of a history of exposure and it is the past exposure which may give rise to a more serious condition and not a deterioration of the plaques themselves.
Pleural plaques was considered to be a compensatable condition in England and Wales for 20 years. However, in 2007 the House of Lords held (Click here for the full judgment) that plaques were not an injury entitling sufferers to compensation and all claims ceased.
The political reaction to this decision was strong and the Scottish Executive (Click here for the full text of the announcement on the Scottish Executive Website) immediately announced that they planned to legislate to overturn the decision of the House of Lords. It is anticipated that the new law will be on the statute books in Scotland by the end of 2008.
It is obviously grossly unfair for Scottish workers to have rights which their colleagues in England and Wales are deprived. After initially declining to take steps to overturn the judgment the Labour Government has recently acknowledged (Click here for the Hansard transcript) the concern that this issue created and promised to consult on the issue of asbestos compensation for pleural plaques sufferers.
Pleural Thickening
This condition is known as a fibrosing condition. It again affects the pleura, the outer lining of the lung. It occurs when fibrous damage is caused to the pleura which in turn becomes thickened. There are other reasons for fibrosing (for example tuberculosis or other similar severe respiratory infection). It is for this reason that clinicians need to take a history of occupational exposure to asbestos and if such a history is given, this assists in arriving at the diagnosis of pleural thickening attributable to inhalation of asbestos fibres. Pleural fibrosis is usually more extensive than pleural plaques and can be seen on X-rays. Unlike pleural plaques, this fibrosing can restrict the function of the lungs causing breathlessness and consequent disability. The condition can be progressive but this is uncommon. Similarly, the condition can reduce life expectancy and is for that reason treated with a far greater degree of seriousness by both clinicians and the Courts. As with pleural plaques, the presence of pleural fibrosis is a marker of a history of exposure to asbestos leaving the individual affected at risk of developing a more serious asbestos condition in the future.
It must be acknowledged however that many cases of pleural thickening have been affected by the House of Lords ruling in relation to pleural plaques, resulting in insurers arguing that no compensation is payable if the condition is giving rise to no or minimal respiratory disability.
Asbestosis
Asbestosis is again a fibrosing condition. It is a fibrosing of the lungs rather than of the pleura. As with pleural thickening there can be other reasons as to why a fibrosing in the lungs has occurred but again the taking of a history of exposure to asbestos will lead most clinicians to conclude that the fibrosing derives from occupational exposure to asbestos. Asbestosis is usually a progressive disease. It causes breathlessness and a persistent cough. It is a serious disease which often results in a reduction in life expectancy. For example, the fibrosing of the lungs can place a strain on the heart which in turn can result in cardio respiratory failure.
Notwithstanding the fact that asbestosis is a progressive condition, insurers are again seeking to argue that those cases which involve minimal or no respiratory disability should not attract compensation.
Asbestos Induced Lung Cancer
There is ample evidence to show that exposure to significant amounts of asbestos creates a risk of developing lung cancer. If an individual has had heavy exposure to asbestos and has also been a regular smoker, the risks of developing lung cancer are significantly increased. There is some controversy within the medical world as to the criteria which is required for the purposes of diagnosing asbestos related lung cancer. Some clinicians incline to the view that full blown asbestosis needs to be present before the lung cancer can be associated with a past history or exposure to asbestos. This is the so-called pre-cursor theory. Other clinicians, the majority, disagree and contend that a history of heavy exposure - often illustrated by a reference to the existence of pleural plaques - is sufficient to arrive at the diagnosis of asbestos related lung cancer.
Mesothelioma
This is a malignant tumour of the pleura (the lining of the lung). It can also be found in the lining of the abdominal cavity or the lining around the heart. Whilst there are some reported cases of mesothelioma arising without a history of exposure to asbestos being obtained, the view of most clinicians is that this condition is almost invariably caused by such exposure. Because very modest levels of exposure to asbestos are required for the purposes of contracting this tumour, it is not surprising that some sufferers are unable to give a history of exposure at the relevant time. The condition is invariably fatal although new treatments are the subject of clinical trials. It is important to remember that this is a very rare form of tumour, although all indications are that the number of sufferers will increase over the next 15 years or so. The reason for this is because of the latent period between the date of last exposure and onset of the condition. Broadly speaking, exposure anywhere between 10 years to 50 years ago could result in the development of asbestos related diseases but most conditions arise 20 years or so after exposure ceased.
If you have been diagnosed with any of these conditions within the last 3 years you may have a good claim for compensation.
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