Asbestos Litigation
Asbestos diseases
Asbestos diseases are caused by inhaling asbestos dust, a mineral commonly used in the construction industry until the 1970s. The main diseases caused by asbestos inhalation are asbestosis - the scarring of lung tissue, lung cancer, mesothelioma (cancer of the lining of the chest and lungs) and pleural disease. Pleural disease includes calcification of the lungs and pleural effusion (fluid on the lungs).
Those infected are mainly builders, plumbers and shipyard workers, but teachers, children and nurses are believed to have been put at risk since asbestos was used in the construction of several schools and hospitals. Families of those who work with asbestos can also be infected if asbestos particles are brought into the home on clothes. It can take up to 40 years for symptoms to show.
Compensation
Conditions from asbestos are compensatable under the law of negligence and statutory duty if they can be attributed to a former period of employment.
Time Limit: After diagnosis of an asbestos related disease you have two years to lodge a claim.
Success of claim: The success of the claim will depend on whether the companies where the exposure occurred still exist. If not, there are other options e.g. tracing the insurers of the companies.
Psychiatric Illness: Although the conditions themselves are compensatable it would seem now that psychiatric injury arising from fear of contracting them is not.
Damages for Psychiatric Illnesses
In Swaine v Commissioner of Public Works (2003), the High Court had awarded the plaintiff £45,000 for general damages and £15,000 by way of aggravated damages for a condition of chronic anxiety neurosis caused by the defendant's negligence in exposing him to the risk of contracting mesothelioma. The award of aggravated damages was overturned on appeal.
However, in Stephen Fletcher -v- The Commissioners for Public Works in Ireland (2003), the Supreme Court overturned a decision of the High Court by denying the recovery of damages for psychiatric injury resulting from an irrational fear of contracting a disease because of negligent exposure to health risks by employers, where the risk was characterised by medical advisors as very remote.
Subsequent cases of Rafter v AG (2004) and Packenham v Irish Ferries Ltd (2004) which claimed personal injury due to the anxiety and worry suffered on becoming aware of asbestos exposure were stayed as no personal injury or recognisable psychiatric disorder were diagnosed.
Seeking Asbestos Litigation Advice
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A litigation solicitor will contact you to advise you of your legal rights and entitlements.