This guide from Thompsons Solicitors is aimed at those affected by asbestos exposure and their families.
A GUIDE TO ASBESTOS- RELATED DISEASES AND THE LEGAL CLAIM PROCESS
INTRODUCTION TO THIS GUIDE
Anthony Carlton, our mesothelioma client
This guide aims to be a reliable companion for individuals and their families grappling with the repercussions of asbestos exposure and navigating legal claims for asbestos-related diseases such as mesothelioma.
It is designed to provide clear and concise information on asbestos, its history in the UK, the diseases it causes, and the available legal support and treatment options.
This guide is intended for: Individuals unlawfully exposed to asbestos and diagnosed with an asbestos- related disease.
Families and loved ones of those affected who are seeking understanding and exploring avenues for support and compensation.
Anyone looking to deepen their understanding of asbestos-related diseases and the legal pathways available for victims.
Anthony’s story
The guide aims to educate and inform: To provide clear, accurate, and comprehensive information on asbestos, its impact, and the diseases it causes.
His granddaughter, a nurse, was concerned about his shortness of breath and persuaded him to see his doctor. Following further tests, the great grandfather of 11 was diagnosed with the asbestos cancer, mesothelioma, and was told he had six months to live. He contacted our asbestos disease solicitors who secured compensation for Tony, as well as costs of immunotherapy treatment at home, as part of the settlement. The treatment has helped ease his symptoms and increased his life expectancy, with his consultants commenting on how well he has reacted to the treatment.
Anthony Carlton was exposed to asbestos while volunteering as a firefighter. He developed an asbestos cancer nearly 40 years later and was told he had six months to live. Between 1969 and 1979, the now 82-year-old worked as a planning manager by day, but by night, volunteered as a firefighter. Originally from Kent, before moving to Aberdare in South Wales, he was based in a rural area and attended many barn fires, which were constructed using corrugated asbestos sheeting. He was exposed to the deadly fibres while extinguishing the fire but had no idea about the dangers of asbestos. Alongside his volunteering, Tony was also involved in charity work, which included running a charity that organised trips for children from the Ukraine to visit the UK, and through boot sales and fayres, raised more than £500 for cancer charity Macmillan.
To empower and support: To offer guidance and support to the victims and their families, empowering them with knowledge and helping them make informed decisions.
To help you navigate the legal process: outline the legal procedures of claiming compensation and highlight the victims’ rights with a step-by-step guide to legal recourse.
It is also here to highlight our expertise: To underscore our unparalleled experience, commitment, and success in representing victims of asbestos exposure, reinforcing our role as advocates for the rights of the injured and mistreated.
“The service I had from my solicitors was second-to-none. Without the settlement, I wouldn’t have been able to have the treatment, which is improving my quality of life, or hold those responsible to account for their neglect.”
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Introduction
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INTRODUCTION TO THOMPSONS SOLICITORS
Thompsons Solicitors is the UK’s most experienced personal injury law firm.
The History of Thompsons and protecting workers with industrial diseases
The firm was established in 1921 by the civil rights lawyer Harry Thompson. We have stayed true to his vision of using the law to protect and advance the rights of working people.
We are the pioneers in seeking justice for workers negligently exposed to asbestos by employers.
We’ve fought for the rights of those exposed to asbestos for over half a century and took cases through the courts to change the law in favour of individuals.
Over 100 years, Thompsons Solicitors have fought for the rights of individuals, and we have been at the forefront of most of the health and safety legal cases that have kept workers safe and ensured they have received the proper compensation. These cases include:
We represent individuals and unions from 18 offices across England, Wales, and Northern Ireland, with an associated firm in Scotland.
In 1972, Thompsons won the first-ever successful asbestos-related disease case in the House of Lords.
In 1974, Brian Thompson, the son of our founder, Harry Thompson, worked with the then Labour government to draft the Health and Safety at Work Act, which led to millions of workers being legally protected for the first time and remains vital legislation for the health and safety of workers today. In 1986, the principle of latent damage was passed into law due to Thompsons' work over the previous two decades, securing compensation for victims of industrial disease, whose claims would have previously been considered out of time.
In 2018, Thompsons won a landmark case that protects those suffering from pre-cancer from being unfairly dismissed by their employer.
Poplar Council May Day Parade 1921 - Harry Thompson was solicitor to Poplar Borough Council
Introduction To Thompsons Solicitors
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UNDERSTANDING ASBESTOS
Types of Asbestos
Chrysotile (White Asbestos): The most used type, primarily found in roofs, ceilings, walls, and floors of homes and businesses.
Origins and Usage Asbestos has been used for thousands of years due to its fire-resistant properties. Its widespread use in the UK began during the Industrial Revolution in the late 19th and early 20th centuries.
Amosite (Brown Asbestos): Used in cement sheets, ceiling tiles, and thermal insulation. It is more hazardous than chrysotile.
It was hailed for its versatility, strength, insulation, and fire-resistant properties and was used extensively in construction, shipbuilding, and the automotive industry.
Crocidolite (Blue Asbestos): The most hazardous type, used in spray-on coatings, pipe insulation, and cement products.
Hotspots and Traditional Industries
Shipbuilding: Towns with shipyards, such as Glasgow, Belfast, and Newcastle, were hotspots due to the extensive use of asbestos in ships for insulation and fireproofing.
Construction: Asbestos was widely used in building materials, making cities undergoing extensive construction and redevelopment, like London and Manchester, significant hotspots.
Manufacturing: Areas with heavy industry and manufacturing, such as the Midlands, saw extensive use of asbestos in factories for insulation and fireproofing.
Source of Asbestos Asbestos is a naturally occurring mineral from rocks worldwide, including Canada, South Africa, and Russia. The UK imported vast asbestos during the 20th century to meet industrial demands. Ban on Asbestos Blue and brown asbestos was banned in the UK in 1985, but white asbestos continued to be used until 1999, when a total ban was implemented. The ban was instigated due to the undeniable link between asbestos exposure and serious diseases such as mesothelioma, asbestosis, and lung cancer.
Ongoing Exposure Despite the ban, people are still exposed to asbestos as it remains present in many older buildings constructed before the ban. Disturbance during renovations, demolitions, or maintenance work can release asbestos fibres into the air, posing a risk to construction workers, tradespeople, and occupants. The legacy of asbestos use continues to impact individuals, not only those in industries and areas where its use was prevalent but also many who are outside those traditional industries, who, through living their normal lives, have been exposed at school, hospital, in their homes or from the dust on the clothing of loved ones. Asbestos spreads a wide and devastating shadow on many lives. Thompsons Solicitors is dedicated to supporting victims of asbestos exposure and their families, and protecting future generations by campaigning for the removal of asbestos from all public buildings.
Understanding Asbestos
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UNDERSTANDING THE IMPACT OF ASBESTOS
Asbestos once deemed a “miracle mineral” for its heat resistance and flexibility, has left a legacy of suffering.
Exposure to asbestos fibres can lead to diseases manifesting several decades after exposure.
Asbestos remains the most significant cause of work- related deaths in the UK and a damning indictment of corporate negligence over decades.
Helen Bone, our mesothelioma client
Helen's Story
Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, heart, or abdomen. It is almost exclusively caused by asbestos exposure. While there is no cure, treatments like chemotherapy, radiation therapy, and surgery can help manage symptoms and improve life quality. Asbestosis: A chronic lung disease caused by inhaling asbestos fibres, leading to scarring of lung tissues. Treatment is primarily focused on symptom management, including respiratory therapies and medications to thin lung secretions.
Helen Bone, was diagnosed with mesothelioma in August 2021 and started chemotherapy in September 2021.
"As a mother of two teenage daughters and a younger stepdaughter, this diagnosis has been devastating. You always think of asbestos as a disease from decades ago – affecting men who worked in heavy industry – so to be diagnosed in my 30s is shocking." Helen has set up her own blog called ‘It is what it is’ to document her journey following a mesothelioma diagnosis to help raise awareness of more young people and women like herself having an asbestos-related disease. Thompsons Solicitors is investigating whether asbestos was present at the school and college where she studied as a child or the hospital she worked as an advanced critical care practitioner.
Asbestos-Related Lung Cancer: Like lung cancer caused by smoking but triggered by asbestos exposure. Treatment often involves surgery, chemotherapy, and radiation therapy.
Scan the QR code on the right to visit Helen's blog: 'It is what it is'
Pleural Thickening: Thickening and calcification of the pleura (lining of the lungs and chest cavity) due to asbestos exposure. There is no specific treatment; management is focused on alleviating symptoms. Pleural Plaques: Small areas of thickened tissue in the lung lining or pleura caused by exposure to asbestos. A benign if still troubling diagnosis that does not usually require treatment.
Understanding The Impact Of Asbestos
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FUNDING INNOVATIVE TREATMENTS THROUGH COMPENSATION
Several new treatments are being developed for people who have asbestos-related diseases. Through interim payments or a fast conclusion to settlement for asbestos exposure, compensation can be recovered directly to access these innovative treatments that may not be available on the NHS or are in the experimental stage and are only available privately or in other countries. Clinical Trials and Research: Ongoing clinical trials and research explore the efficacy of various immunotherapy drugs and combinations in treating mesothelioma. These trials aim to uncover new insights and develop more effective treatment regimens, offering hope for improved survival and quality of life for mesothelioma patients. Potential and Hope: While a series of treatments, including immunotherapy, are not a cure for mesothelioma, they have shown significant promise in managing the disease, slowing its progression, and improving the quality of life for patients.
The advancements in treatments, including immunotherapy, cancer drugs such as Avastin linked with chemotherapy and stereotactic radiotherapy, are a beacon of hope for those battling mesothelioma, opening new avenues for treating and managing this aggressive disease.
Smith v Central Asbestos Company Ltd
Clinical Trials: Patients may be able to participate in clinical trials, which are research studies involving people. These trials aim to find new ways to prevent, detect, or treat disease and improve quality of life.
The landmark case of Smith v Central Asbestos Company Ltd. in 1972 stands as a pivotal moment in the legal landscape of employer liability and workplace safety, particularly concerning the hazards of asbestos exposure. At the heart of this case was Mr. Leslie Smith, an employee of the Central Asbestos Company Ltd., who brought a case against his employer due to the development of asbestosis, a condition directly linked to his prolonged exposure to asbestos fibres at work. Thompsons Solicitors, on behalf of Mr Smith, argued the company had been negligent in its duty of care by failing to ensure a safe working environment and provide adequate protection against the dangers of asbestos inhalation. This case was significant for the broader legal and occupational health communities, as it was the first asbestos-related litigation to ascend to the House of Lords, the UK's highest court of appeal for civil cases at the time.
The legal proceedings culminated in a ruling that set a precedent, reinforcing the principle that employers have a fundamental duty to safeguard their employees from harmful exposures in the workplace. The House of Lords' decision in favour of Mr. Smith underscored the liability of employers for the health and safety of their workers, particularly in contexts involving hazardous materials. In conclusion, the case of Smith v Central Asbestos Company Ltd. has left an indelible mark on the fabric of occupational health and safety law, embodying a significant shift towards prioritising worker protection, and setting a precedent for employer liability in cases of health issues arising from hazardous workplace exposures. It remains a cornerstone case in discussions around occupational health, employer responsibilities, and workers' rights, continuing to influence legal practices and workplace safety standards to this day.
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Funding Innovative Treatments Through Compensation
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Step 1: Initial Consultation We will gather information about your asbestos exposure, medical condition, and employment history during this consultation. We can visit you at home and at no cost, entirely at your convenience wherever you are in England, Wales or Northern Ireland. Step 2: Eligibility Assessment We will assess your case to determine your eligibility for compensation. We will explain your legal rights and discuss the potential avenues for compensation, including employer’s liability and government schemes. Step 3: Investigation If eligible, we will commence a thorough investigation to identify the responsible parties and gather the necessary evidence to support your claim. We will aim to trace the employers and insurers, even if the companies no longer exist. Step 4: Medical Evaluation It is rare for these to be undertaken. We know that these examinations can be exhausting and will only be needed if required by the defendant’s lawyers. In most cases, the initial diagnosis is enough evidence of your circumstances. Step 5: Claim Submission We will submit the compensation claim on your behalf, presenting all the gathered evidence and medical reports to the responsible parties or their insurers. We will negotiate with the opposing parties to reach a fair settlement. Step 6: Compensation Settlement We will strive to secure the maximum compensation in the shortest possible time. Compensation will cover pain and suffering, disability, financial losses (past and future), care costs, private treatment costs and other expenses incurred because of the asbestos-related illness. STEP-BY-STEP GUIDE TO THE LEGAL PROCESS OF CLAIMING COMPENSATION
Our promise to you Thompsons Solicitors assures you of our commitment to securing justice and compensation for you and your family. We will be open and transparent about fees and costs, providing support and guidance throughout the legal process.
We stand by you every step of the way, offering our expertise and support to navigate the complexities of the legal process.
Step 7: Receipt of Compensation We operate on a “No Win No Fee” basis, ensuring neither you nor your family is at any financial risk from legal costs.
You will receive 100% of the compensation awarded in mesothelioma cases. In other cases of asbestos-related diseases, there may only be the cost of an insurance policy to underwrite your claim. However, the cost of this insurance policy is paid from your award if you win your claim.
You do not pay for the insurance if you do not win your claim. If you are a trade union member, you are unlikely to require this insurance.
From our first meeting, we will ensure complete transparency over how your claim is funded.
Step-By-Step Guide To The Legal Process of Claiming Compensation
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WHY CHOOSE THOMPSONS SOLICITORS
Unparalleled Expertise and Experience Thompsons Solicitors has been fighting for the injured and mistreated since its inception in 1921. With a legacy of securing vital legal reforms, we have more experience in winning personal injury and employment claims than any other firm, and we channel this extensive experience solely for the benefit of the injured and mistreated. We have been involved in ground-breaking asbestos compensation cases since we brought the first-ever successful case for asbestos disease in the UK to the House of Lords in 1972. Our unrivalled experience in this intricate area of personal injury law has enabled us to deal with thousands of mesothelioma claims, achieving substantial compensation levels for our clients with empathy and compassion.
Dedicated Team of Specialist Lawyers At Thompsons, we have a dedicated team of specialist lawyers in our 18 offices across the UK who exclusively deal with compensation claims for asbestos-related diseases. Our national team comprises specialist regional teams which ensures unparalleled expertise specific to all regions in England and Wales. This regional network assists in tracing defunct employers and establishing where asbestos exposure has occurred. Our teams are panel members on most of the asbestos victim support groups. Thompsons Solicitors has also been chosen to sit on the UK panel for Mesothelioma UK. Our extensive regionalised database of employers and cases contains information about previous asbestos claims and details of employers’ liability insurers for companies no longer trading. This wealth of background information assists us in investigating and pursuing cases for clients suffering from asbestos-related diseases today.
Client-Centric Approach Our formidable reputation means we will fight hard for the maximum compensation in the shortest possible time, striving to secure justice for individuals and their families. We work with and support organisations ensuring our clients feel supported and understood throughout the legal process. Our approach is characterised by compassion and commitment, as evidenced by the testimonials of our clients and their families, who commend our sincerity, supportiveness, and willingness to go the extra mile for them.
Why Choose Thompsons Solicitors
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SUPPORT NETWORKS FOR ASBESTOS-RELATED DISEASES IN THE UK The organisations listed below are crucial in offering support, information, and resources to individuals and families affected by asbestos-related diseases. They provide a network of care and support, helping people navigate their conditions, understand their rights, and access the help they need.
South West Asbestos Support Awareness Group (SWASAG) is an independent charity that provides help and practical support to people living in the South West of England affected by an asbestos-related disease. www.swasag.co.uk
Cheshire Asbestos Victims Support Group (CAVSG) continues to campaign and support victims and families in the Cheshire region. www.cavsg.co.uk
Merseyside Asbestos Victims Support Group (MAVSG) offers free and confidential advice and support to victims of asbestos-related diseases and their families living in Merseyside and further afield. www.mavsg.org
Cumbria & Lancashire Asbestos Support Advice Group (CLASAG) hosts friendly sessions for victims of asbestos-related diseases in Cumbria and Lancashire. www.disabilityfirst.org
Mesothelioma UK is a national resource centre that provides specialist information, support, and improved care and treatment for mesothelioma patients. Thompsons Solicitors is on their approved panel of lawyers. www. mesothelioma.uk.com
Yorkshire and Humberside Asbestos Support Group (SARAG) is dedicated to helping those people across Yorkshire & Humberside suffering from an asbestos- related disease or supporting a loved one. www.saragasbestossupport.org
The Asbestos Victims Support Groups Forum UK (AVSGF) was established in 2005 to help groups across the country meet, share issues of common concern and take collective action on behalf of the victims of asbestos-related disease. www.asbestosforum.org.uk
Derbyshire Asbestos Support Team (DAST) supports families and victims of asbestos-related diseases throughout Derbyshire, Nottinghamshire, Northamptonshire, Lincolnshire and Burton-upon-Trent. www.asbestossupport.co.uk
The Northern TUC Asbestos Support and Campaign Group is an independent Trust operating under the auspices of the Northern TUC. It offers free and confidential information, advice and support to anyone with an asbestos-related or industrial disease in the North East and North Cumbria.
Asbestos Awareness and Support Cymru (AASC) is a charitable organisation that provides help and support to people in Wales living with illnesses such as mesothelioma or asbestosis. www.a-a-s-c.org.uk
Greater Manchester Asbestos Victims Support Group (GMAVSG) provides advice and support to individuals and their families affected by an asbestos-related disease living in the Greater Manchester area, Derbyshire, Cheshire and Lancashire. www.gmavsg.org
Readley Asbestos and Mesothelioma Support was set up by Samantha Cox in memory of her father. It supports victims of asbestos exposure and their families in the North East. www.readley.co.uk
Asbestos Support Central England (ASCE) was set up to help people with asbestos-related diseases and to campaign for the safe removal of asbestos across the whole of the West Midlands region as well as other areas in central England that border the region without an asbestos support group. www.asbestossupportce.org
London Asbestos Support Awareness Group (LASAG) provides vital support and advice to those living with asbestos-related disease and their families across London and the south of England. www.lasag.org.uk
Support Networks For Asbestos-Related Diseases In The UK
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For general enquiries and more information: 0800 0 224 224 www.thompsons.law
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