Why some asbestos-related lung cancer claims may still miss out on full compensation

Every year, thousands of people in Great Britain die from asbestos-related diseases. For many, exposure happened decades earlier while working in industries such as shipbuilding, construction, power generation and manufacturing.

Workers may not have known about the risks they faced at the time. The effects can take decades to appear, which means people are still being diagnosed today.

Recent figures from the Health and Safety Executive (HSE) show areas of the country where deaths from mesothelioma remain particularly high. Many have a long history of shipbuilding and heavy industry.

Behind these figures are individuals and families dealing with illnesses that may develop 40 or 50 years after exposure to asbestos.

The impact closer to home in Barrow-in-Furness

Asbestos-related illness has particular significance for communities in and around Barrow-in-Furness.

Shipbuilding has been part of Barrow's history for well over a century. During much of the 20th century, asbestos was widely used in the industry because it provided insulation and protection from fire. It could often be found around pipework and in engine and boiler areas.

Thousands of people worked in Barrow's shipyard and related engineering businesses during this period.

The effects of asbestos exposure are therefore not just a national concern. They continue to affect people and families in our local community, including former shipyard and engineering workers.

Why the type of asbestos-related cancer can matter

There is an important difference between compensation claims for mesothelioma and asbestos-related lung cancer.

The Association of Personal Injury Lawyers (APIL) has highlighted that the two conditions can present similar clinical challenges. However, different compensation rules apply.

Under the Compensation Act 2006, someone with mesothelioma may be able to recover full compensation if they can identify one responsible former employer or insurer. This will depend on the circumstances of their claim.

People with asbestos-related lung cancer do not have the same protection.

Someone may have been exposed to asbestos while working for several employers. If they cannot trace one or more of those employers or their insurers, they may not receive full compensation.

This can be a major problem when exposure happened decades ago. Businesses may have closed. Insurers can be difficult to trace. Employment records may have been lost or may no longer exist.

For someone dealing with a serious diagnosis, trying to piece together a working history from 40 or 50 years ago can add further pressure at an already difficult time.

Calls for the law to change

Twenty years after the Compensation Act 2006 was passed, there are calls for the law to change.

APIL and the Asbestos Victims Support Groups Forum, alongside MP Douglas McAllister, are calling for people with asbestos-related lung cancer to receive similar protection to those with mesothelioma.

The proposed change concerns what happens after responsibility for asbestos exposure has been established. It would help address cases where someone cannot trace every former employer or insurer linked to their exposure.

For people who spent their working lives in industries where asbestos was widely used, the difference between the two sets of rules can have serious financial consequences.

Supporting people affected by asbestos-related illness

Joanne Copeland, Head of Litigation at Poole Townsend and a specialist solicitor in asbestos-related injury claims, regularly supports people and families affected by these illnesses.

"Our experience of handling mesothelioma compensation claims is growing each year. Recent statistics highlight that Barrow has three times more asbestos deaths than the national average.

"People with asbestos-related lung cancer should have a fair opportunity to seek compensation where their illness has been linked to exposure at work. Bringing the rules closer to those that apply to mesothelioma claims could remove a significant barrier for people who may otherwise miss out simply because historic records or businesses can no longer be found."

What to do if you have been diagnosed with an asbestos-related condition

If you or a family member has been diagnosed with mesothelioma, asbestos-related lung cancer or another condition linked to asbestos exposure, it can help to seek specialist legal advice as early as possible.

This may be particularly relevant if you previously worked in shipbuilding, engineering, construction, manufacturing, power generation or another industry where asbestos was commonly used.

Time limits apply to asbestos-related compensation claims. The rules can depend on your individual circumstances, so getting advice early can help you understand where you stand.

Poole Townsend's asbestos-lung cancer solicitors can discuss your circumstances with you. We can help look into your employment and exposure history and explain your options in clear, straightforward terms.

In most industrial injury cases, we can offer a No Win, No Fee agreement.

Speak to our litigation team to find out how we may be able to help.

Source: Association of Personal Injury Lawyers (APIL), "Victims of 'ticking bomb' cancer to die with no intervention".

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