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Making an asbestos claim

Asbestos is a building material which is well-known for its resistance to heat; because of this, it was widely used in buildings, particularly in insulation, beginning around the late 19th Century, and continuing into about the mid-80s. It has since become apparent that it poses a serious health risk, and for this reason is now banned. There is, however, still a good chance of finding it in old buildings.

Asbestos is present in the air at harmlessly low levels; in large concentrations, however, asbestos can be responsible for health problems including malignant lung cancer, mesothelioma, and asbestosis. For these reasons, its use is banned by the European Union. Asbestos fibres, however, are still present in many old buildings; in cases in which the asbestos has been maintained in safe condition by those responsible for the welfare of the building’s occupants, there should not be any significant health risk. In cases, however, in which the asbestos is damaged, allowing fibres to become airborne, there is a significant risk of health problems.

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These fibres, when inhaled, are responsible for some very serious diseases, which, together, cause more than 4000 deaths a year. The three diseases that most commonly come about as a result of exposure to asbestos are mesothelioma, a rare form of cancer which is always fatal, lung cancer which is nearly always fatal, and, finally, asbestosis, a type of pneumoconiosis. The survival rate for asbestosis is significantly better than for either of the other two diseases, but it is in itself a debilitating disease.
It is important to remember that you won’t be affected straight away by an asbestos related disease but you will be later on in life, which is why it is important that you protect yourself now against the damage caused by asbestos.

Many manual labour workers may find themselves at risk of exposure to dangerous levels of asbestos, for instance, carpenters or joiners, construction or demolition workers, electricians and heating engineers, to give just a few examples.

Should you ever suffer the misfortune of succumbing to an asbestos-related illness, or, worse, lose a family member to it, there is a chance that you may be entitled to make a compensation claim. It is therefore highly recommended that you speak to an injury lawyer as soon as possible, should this ever happen.

Asbestos compensation claims can be made in cases in which it can be demonstrated that an employer has been negligent in ensuring that their workers are safe. Among the duties of such an employer, they must ensure that, if their workers are at risk of exposure to asbestos or other harmful substances, they receive the proper training, supervision, or equipment to minimise the risk.

In ordinary personal injury cases, there is a time limit of just 3 years from the incident in which it is still possible to make a compensation claim. However, in the case of exposure to asbestos, this would be dated from the disease’s diagnosis, rather than the date of exposure. For this reason, it is important to consult an injury lawyer as soon as possible after being diagnosed with an asbestos-related illness.

Updated on 11/22/2010

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