Asbestosis andPleural Thickening

Freephone 0808 164 3730www.asbestoslawpartnership.co.uk

A guide to compensation

Introduction

This guide is written for you if you are suffering from pleural thickening or

asbestosis or have a family member or friend who is suffering from these conditions.

If you have pleural thickening or asbestosis you will be entitled to compensation.

You get one chance at claiming compensation.

This guide aims to help you use that chance and tells you about the compensation

you could get through the Courts and from the Government.

We will provide you with the expert legal advice you need to ensure that you

receive the compensation you are entitled to.

02

Why Choose The AsbestosLaw Partnership LLP?

“”All the solicitors in the firm

specialise in asbestos disease

cases.

We only deal with asbestoscases to make sure that wehave the necessary expertiseand specialist knowledge tomaximise the prospects ofsuccessfully pursuing yourcase.

Prior to setting up TheAsbestos Law Partnership, allour solicitors had beenpartners in the specialistdisease firm, John Pickeringand Partners LLP.

We have previously beeninvolved in most of theimportant test cases relating toasbestos disease claims andhave constantly fought topromote and preserve therights of asbestos diseasesufferers.

If you ask us to deal with your

case we guarantee:

1. Your case will be dealt with by a qualified solicitor who is a specialist in asbestos cases.

2. We will come and visit you anywhere in the UK.

3. We will not ask you to pay anything for the work we carry out.

4.We will not deduct anything from the compensation we obtain for you.

5. We will always communicate with you in plain English and avoid legal jargon.

6.We will assist you in obtaining Government benefits.

7. We will not act for Defendants.

The Asbestos Law Partnership has been set up toact for asbestos sufferers. We have over 50 years'experience of representing people who sufferfrom asbestos diseases and their families.

Freephone 0808 164 3730

03

What is asbestos?

04

Asbestos is a naturally

occurring mineral that has

been mined for hundreds

of years.

Asbestos fibres are fireproofand very durable and havebeen manufactured into manydifferent materials.

An asbestos fibre is 50 to 200times thinner than a humanhair, can float in the air for along time, can be invisible tothe naked eye and can bebreathed into the lungs.

Working out how and whenyou breathed in asbestos dustcan be difficult.

We will help identify where you could have breathed inasbestos dust by goingthrough your family and work history with you.

Exposure normally happenswhen a product containingasbestos is disturbed andasbestos fibres are releasedinto the air.

Asbestos was manufactured ina large number of products inthe UK particularly between1930 and 1980. These are someof the products whichcontained asbestos:

• Corrugated roofing sheets

• Soffits, guttering and

downpipes

• Insulation around pipework

and boilers

• Insulation board e.g.

Asbestolux

• Sprayed asbestos coatings

• Ceiling tiles

• Vinyl floor tiles

• Asbestos rope

• Asbestos partitions

• Artex

• Asbestos insulation quilts

• Asbestos clothing

1906Dr MontagueMurray givesevidence to theDepartmentalCommittee onIndustrial Diseasesof the death of aman from anasbestos relatedcondition.

1924Nellie Kershaw,first reporteddeath due toasbestosis. Nelliehad worked atTurner BrothersAsbestos inRochdale.

1928GovernmentFactory Inspectornotes casesinvolving asbestosexposure causingasbestosis.

1930GovernmentFactory Inspectorreport by DrMerewether and MrPrice makes linkbetween asbestosexposure andasbestosis in theasbestos industry.

1931Asbestos IndustryRegulations 1931seek to control theamount of asbestosdust in factories.

1938Factory InspectorReport: “It is notmany years agowhen the dust ofAsbestos wasregarded asinnocuous, whileto-day it isrecognised ashighly dangerous”.

Throughout the 20th Century, the knowledge of the dangers of asbestos in the UK increased, but it wasn’t

until 1999 that the use of asbestos was banned in the UK. This timeline sets out some of the key dates.

05

1985Compulsory ban on blue and brown asbestos.

1983UK Government introduces further Asbestos Regulations.

1982Yorkshire TV’s prime time documentary, Alice – A Fight for Life,

ignites public and political debate around asbestos use in UK.

1980Voluntary ban on brown asbestos.

1971Groundbreaking World in Action documentary focuses on Cape’s Acre

Mill factory in Hebden Bridge and its dangerous use of asbestos.

1970Voluntary ban on blue asbestos.

1969UK Government introduces further Asbestos Regulations

seeking to control exposure to asbestos dust.

1965Front page Sunday Times article reports the link between

low level asbestos exposure and mesothelioma.

1987Control of Asbestos at Work Regulations give greater protection to employees at work.

1999Compulsory ban on white asbestos.

1993Groundbreaking case, Margereson and Hancock v J W Roberts held that from

1933 J W Roberts should have known children playing near their asbestosfactory in Armley were at risk of developing asbestos related diseases.

""

"

" " " " " " " " " " " " " " " " " " "" " " "

"

* *

""" """ """"

"

"

* * * * *" " " " " "

"

""

"

" " " " " " " " " " " " " " " " " " "" " " "

"

* *

""" """ """"

"

"

* * * * *" " " " " "

"

1952

""

"

" " " " " " " " " " " " " " " " " " "" " " "

"

* *

""" """ """"

"

"

* * * * *" " " " " "

"

1924

1971

""

"

" " " " " " " " " " " " " " " " " " "" " " "

"

* *

""" """ """"

"

"

* * * * *" " " " " "

"

1982

1952Nora Dockerty’sfamily first in theUK to receive compensation forher death from anasbestos relateddisease. Nora hadworked at TurnerBrothers Asbestosin Rochdale for 13years.

1955Eminent Scientist,Sir Richard Doll,reports a linkbetween asbestosdust and cancer.

1960Pathologist, ChrisWagner, reportslink betweenasbestos exposureand mesothelioma.

1960Shipbuilding andShip-repairingRegulations seekto control theamount ofasbestos dust inthe shipbuildingand repairingindustry.

1961Factories Act seeksto control theamount of dust infactories.

1965Dr MurielNewhouse and hercolleague HildaThompson reporta link betweenwashing husband’sdusty asbestosoveralls andmesothelioma.

Where have I beenexposed to asbestos dust?

Asbestos roof

Fire doors insulated with asbestos boards

Sprayed asbestos fire-proofing insulation

Lagged pipework containing asbestos

Asbestos ceiling tiles

Asbestos floor tiles

Asbestos textured paints and plasters

Asbestos partitions

Lagging on boilers containing asbestos

06

!

!

!

!

!

07

What is pleuralthickening?

Pleural thickening is scarringand thickening of the lining ofthe lung caused by exposureto asbestos dust. It causesbreathlessness which maybe mild or severe.

What causes asbestos related

pleural thickening?

Exposure to asbestos dustcauses pleural thickening. Theexposure to asbestos dust doesNOT have to be heavy exposure.

What are the symptoms of

asbestos related pleural

thickening?

Breathlessness which may bemild or severe.

What is asbestosis?

Asbestosis is a scarring ofthe lung caused by exposureto asbestos dust. It causesbreathlessness which maybe mild or severe.

What causes asbestosis?

Asbestosis is caused byexposure to asbestos dust.There are a number of differentcauses of scarring to the lungs.

The scarring is only calledasbestosis when there has beenheavy exposure to asbestos dust.It is often difficult to work outhow much asbestos dust youhave been exposed to.

If you were an asbestos laggeror asbestos sprayer or workedwith large amounts of asbestosthen 1 year of constant exposureto asbestos dust may beenough to cause asbestosis.

If you were exposed to asbestosdust on and off for example asa shipbuilder or constructionworker then 5 to 10 years of thisexposure to asbestos dust maybe enough to cause asbestosis.

Small amounts of exposure toasbestos dust does not causeasbestosis.

We will help you work out howmuch asbestos dust you havebeen exposed to and whetherwe can prove that the asbestosexposure has caused theasbestosis.

What are the symptoms

of asbestosis?

• Breathlessness

• Cough

How are asbestosrelated pleuralthickening andasbestosis diagnosed?

1. The role of the GP

If you have been exposed toasbestos dust and developbreathlessness or a coughyou should see your GP.

Your GP is likely to refer youfor a chest X-ray.

2. The role of the Specialist

To reach a diagnosis, thefollowing investigations maybe carried out:

• X-ray of the chest

• CT scan

• Breathing tests

What treatment isthere for pleuralthickening andasbestosis?

There is no treatment to curepleural thickening or asbestosis.You will normally be keptunder annual review by yourconsultant chest physician.If your breathlessness getsvery bad then you may beoffered treatment to help thebreathlessness for exampleoxygen.

08

What are pleural thickeningand asbestosis?

If you were exposed to asbestos

dust and are diagnosed with

asbestos related pleural

thickening or asbestosis, you

may be entitled to bring a

claim for compensation

through the courts.

You need to have breathed in alot of asbestos dust to developasbestosis. Your exposure has

to be very heavy over a year ormore for you to get this illness.

You do not have to breathe in alot of asbestos dust to developpleural thickening.

Bringing an asbestos claim isvery much like putting a jigsawpuzzle together.

There are various parts to thepuzzle that have to be investigatedand hurdles that have to beovercome before the jigsawpuzzle fits together.

In an asbestos claim whereexposure was at work youhave to prove:

Claiming compensation for pleural thickeningand asbestosis through the courts

09

Breach Of DutyProve the employer broke thelaw that applied at the time.

DefendantIdentify theemployer or itsinsurance company.

Employment Prove the sufferer wasemployed by theDefendant using witnessevidence and/or documents,e.g. HMRC Employment History,Apprenticeship Deed.

Value Prove the value ofthe asbestos claim bygathering witness,expert and documentaryevidence.

Exposure Prove the sufferer was exposedto asbestos fibres during theemployment using witnessevidence from thesufferer and others.

Causation Prove the exposure(it has to be heavy for asbestosis)caused the illness by obtainingindependent medical evidence.

Questions you may have

10

My employer exposed me to

asbestos but no longer exists

so how can I bring a claim?

You can but we need to tracethe employers’ liability insurerson cover at the time of theexposure as they will pay outyour compensation.

I am not sure where or how I

was exposed to asbestos dust.

Is there any point in contacting

a Solicitor?

Yes, because our solicitors haveexpertise, experience andknowledge gained over manyyears from other cases andcould help you identify yourasbestos exposure.

How do you work out how

much compensation I am

entitled to?

Compensation for pleuralthickening and asbestosisclaims is normally between£15,000 and £100,000, but insome cases it can be a lot higher.How much you get will dependon your individual circumstancesand whether we can sue for allor only part of your exposureto asbestos dust.

The aim of compensation is tomake sure that you and yourfamily don’t suffer financially asa result of you having pleuralthickening or asbestosis.

You have two options on howto settle your case.

1. Full and final settlement: youwill get all your compensationnow BUT you will not be ableto go back to Court for morecompensation if you getworse or you develop anotherasbestos related disease, suchas mesothelioma or lung cancer.

2. Provisional settlement: youwill get some compensationnow and have the right to goback to Court for morecompensation if you get worseor if you develop any otherasbestos related disease.

How long will my asbestos

claim take?

Our aim is to finish your casewithin 12 months of seeing you.Some claims with complex orunusual issues can take longerto finish.

Will my asbestos claim go to

Court? Will I have to attend

Court?

The vast majority of casessettle before any final courthearing.

How will my asbestos claim be

paid for?

We will make sure that you areprotected against having topay legal costs. We will talk toyou about the different waysyour case can be funded andwhich is the most appropriatefor you. Most cases are fundedon a No Win No Fee basis.Some Solicitors take 25% of

your compensation to cover

their legal costs but we do not.

You will always receive 100%

of the compensation we obtain

for you.

If we carry out investigationsin your case but cannot makea claim for any reason thenwe will not charge you forthe work we have done.

What if someone I know has

died of pleural thickening or

asbestosis but did not make

an asbestos claim?

If someone you know died ofpleural thickening or asbestosisbut didn’t bring a claim, thentheir personal representativesor dependents can contact us.If the deceased died withoutgiving any information abouttheir asbestos exposure, thenimmediate investigations willhave to be carried out so youshouldn’t delay in making a claim.

How long do I have to bring

an asbestos claim?

The time limits for bringing aclaim are strict. The generalrule for bringing a claim is 3years from the date ofdiagnosis of pleural thickeningor asbestosis or 3 years fromthe date of death.

If you don’t know when youwere diagnosed or think thetime limit has expired or isabout to expire then it maynot be too late to claim. It isimportant that you seek urgentadvice from an asbestossolicitor.

11

If someone has died frompleural thickening or asbestosisthen the deceased’s representativecan make an application butthis has to be done within 12months of death.

2. Attendance Allowance (AA)

or Personal Independence

Payment (PIP)

If you need help with personalcare and/or mobility then youmight be entitled to one ofthese benefits. AA is paid topeople who are over 65 andPIP to those under 65.

3. Constant Attendance

Allowance (CAA) and

Exceptionally Severe

Disablement Allowance (ESDA)

If you receive IIDB and needdaily care and attention thenyou might be entitled to CAAand ESDA. There are 4 paymentrates for CAA. If you are ineither of the top two rates thenyou may also qualify for ESDA.

One off Lump SumPayments

1. Pneumoconiosis Etc

(Workers Compensation) Act

1979

If you receive IIDB you canapply for a lump sum paymentunder the 1979 Act. How muchyou receive will depend on yourage and the IIDB assessment ofyour disability. You can'treceive this payment if youhave already started a courtaction or received compensationfrom your employer.

You have 12 months from thedate you were awarded IIDB toapply but you should applystraightaway.

If someone has died and hadpleural thickening or asbestosistheir estate can apply for apayment within 12 months ofthe date of death.

Armed ForcesExposure to AsbestosDust

If you were exposed toasbestos dust in the ArmedForces before May 1987 thenyou cannot sue the Governmentfor compensation because ofthe crown immunity rule.

If you are diagnosed withpleural thickening or asbestosisyou might be eligible to applyfor a War Pension.

This is very similar to IIDB. Thepension is usually paid weeklyand is not means tested.

How much you receive willdepend on the disability due topleural thickening or asbestosis.

If someone has died and hadpleural thickening or asbestosisthen their widow/widower maybe entitled to a War Pension.

Am I entitled to helpfrom the Government?

There are a number of

Government benefits and

payments for people

diagnosed with pleural

thickening or asbestosis.

We can assist you withapplying for these or put youin touch with benefit advisorswith experience of workingwith asbestos sufferers.

Most of these benefits are notmeans tested and so yourincome and capital are nottaken into account. Howeverthese benefits can affect anyother means tested benefitsyou are receiving which is whyyou need advice beforeapplying.

Weekly or MonthlyBenefits

1. Industrial Injuries

Disablement Benefit (IIDB)

You may be entitled to IIDB ifyou are diagnosed with pleuralthickening or asbestosis andwere exposed to asbestos dustwhilst employed.

Job Centre Plus will ask you toattend a medical examinationat their local office providedyou are well enough to do so.How much you get dependson how disabled you are dueto the pleural thickening orasbestosis.

We will carry out

numerous investigations

to try to identify an

opponent to claim

against.

We want to reassure you thatby instructing The AsbestosLaw Partnership to bring yourasbestos claim you will be invery good hands. We will guideyou through the legal processfor bringing an asbestos claim.

There are some steps where weneed your input.

However there are many stepswhere a specialist asbestossolicitor who has the necessaryexperience and knowledgegained from other cases cansimply get on with the claimwith minimal or no input from you.

Our aim is to provide youand your family with as muchfinancial security as possible,as quickly as possible.

What will I have to do if I decideto bring a compensation claim?We understand asbestossufferers and their familymembers may be worried aboutbringing an asbestos claim.

We understand you may nothave brought a claim beforeor spoken to a solicitor foranything other than buyingor selling a house or perhapsmaking a will.

We will gather evidence in

support of the value of your

case including witness

statements from family

members caring for you and

any relevant documents.

You have an important role here as only

you can tell us where, when and how you

may have come across asbestos dust. We

will then put this in a statement for you.

We will visit you at home and discuss this

with you.

Stage 1Investigation

We will obtain your HMRC employment

history, medical records and any other

relevant documents

We will obtain a medical report from

an independent expert to support your

claim. The report can be prepared on

a review of the medical records and

other papers or following a medical

examination. This can take place

close to your home or at your home.

We will try to obtain

witness statements to

support your exposure to

asbestos dust either from

your old workmates or

people who worked for

the same employer but

didn’t know you.

12

Stage 3Court Claim

We will send the evidence we

have obtained to your opponent

and invite them to settle your

case without taking it to Court.

If your opponents make any

offer then we will contact you

and advise you what to do. We will always

advise you on your options and best course

of action. There may be some negotiation

before we can settle your claim on terms

favourable to you.

If we are unable to settle your claim at this

stage then will move to stage 3.

Once stage 1 has been completed

we will advise you on the prospects

of winning your case and what

compensation you will receive.

Stage 2Negotiation

13

Your opponent will serve their

reply to your claim. Within weeks

of this there will be a hearing at

which the court will fix a timetable for

resolving the claim. You won’t need to

attend this hearing. We will inform you

what the timetable is. The court sometimes

enters judgment which means the only

issue left to be decided is how much

your case is worth. If judgment is not

entered then the judge will timetable

your case to a trial. If you are terminally

ill, severely disabled or will be severely

disabled due to your asbestos illness

then the trial date can be within a few

weeks or months of the hearing.

If your opponent discloses any

documents, witness statements

or expert evidence then we will

discuss this with you. If your case is

being disputed the court might order

that you give evidence at home or at

another convenient place before the trial.

Your opponents will provide us

with their valuation of your case.

We will update our valuation of

your case and advise you.

If your opponents make an offer we

will discuss this with you and advise

you on the best course of action

In the vast majority of cases we

reach an agreement with your

opponent. If we are unable to reach

an agreement then the court will assess

what compensation you are entitled to.

We will prepare the court papers and

start a court action using the fast track

procedure for mesothelioma claims.

About UsPaul Glanville

Paul qualified as a solicitor in1992 and specialises in asbestosrelated disease cases forClaimants in the UK and abroad.

He was made a partner at theniche industrial disease firm,John Pickering and Partners,in 1997 and set up the firm’sHalifax office. He was theManaging Partner from 2010to 2013.

In 2013 Paul became Head ofIndustrial Disease at Slater andGordon Lawyers overseeing the industrial disease practiceacross 11 offices.

He is a Fellow of APIL and anAPIL accredited occupationaldisease and asbestos specialist.

Chambers 2019: ‘ "Top-notch"lawyer Paul Glanville of TheAsbestos Law Partnership LLPis a well-known figure in themarket and has extensiveexperience in industrialdisease-related work. He hasnotable experience in asbestos-related disease claims,frequently acting for bothdomestic and overseas clients.

One impressed client says: "PaulGlanville did a brilliant job inbringing the case to a successfulconclusion," adding: "He shouldtake all of the plaudits availablefor carrying out his role to anexemplary standard." ’

Chambers 2018: 'Paul Glanville ofThe Asbestos Law Partnership

LLP has many years' experiencein handling asbestos litigation,and continues to representclients in complex asbestosexposure claims. Sourcesrecognise his expertise andknowledge in this area, describinghim as a "real heavyweight." '

Chambers 2017: 'The "excellent"Paul Glanville leads the firm'sindustrial practice and isexperienced in acting forclients in high-value asbestosexposure claims. Impressedpeers say that they"referclients to him because theywill be well represented." '

Chambers 2016: 'Peers havemarked him out as one of thetop asbestos litigation lawyersin the country.'

Our CommitmentWe strive to act in an ethical and socially responsible way in our dealings with our clientsand the wider community. This is the ethos and commitment on which our firm is built.

1. We donate 10% of our net annual profits to charities and good causes that help asbestossufferers. In 2009 The John Pickering and Partners Charitable Trust was set up which hasalready given £175,000 to help asbestos sufferers. We will continue the work of thischaritable trust.

2. We are prepared to take the financial risk of pursuing difficult and challenging test casesthat help to preserve and promote the rights of asbestos sufferers.

3. We will always seek to promote and preserve the broader rights of asbestos sufferersbeyond simply claiming compensation.

4. We will not act in a way that could undermine the rights of asbestos sufferers. Inparticular we will not act for Defendants or their insurance companies.

14

Fozia Hussain

Fozia qualified as a solicitor in 2004 and specialises inasbestos related disease casesfor Claimants in the UK andabroad.

Fozia trained and qualified as asolicitor at the niche industrialdisease firm, John Pickeringand Partners, before becominga Partner in 2010.

Fozia was Practice GroupLeader for Slater and GordonLawyers in their asbestosdisease team in Halifax andManchester between 2013and 2016.

Fozia is a Senior Litigator ofAPIL and an APIL accreditedoccupational disease andasbestos specialist.

Helen Wilson

Helen qualified as a solicitor in2007. Throughout her career,she has specialised in asbestosrelated disease claims.

Helen previously worked atthe niche disease firm, JohnPickering and Partners, whereshe trained as a solicitor andbecame a partner in 2012.She later worked for Slater &Gordon Lawyers from 2013 to2016 and was based in thefirm’s Manchester office.

Helen has acted for a largenumber of people who wereexposed to asbestos dust byTurner & Newall or one of thecompanies within their group.

She has made numerous applications to the T & NAsbestos Trustee CompanyLimited which was set up topay compensation to asbestossufferers. She has successfullypursued claims against thetrust for exposure to asbestosdust from Turner & Newall’sproducts.

Helen is a member of the T & NAsbestos Trustee Company’sTrustee Advisory Committeewhich is consulted on allmatters relevant to theinterests of asbestos sufferersboth now and in the future.

She has worked on a number oftest cases in this area includingBarker v Corus (UK) Plc whichwent to the House of Lords, the“EL Trigger Litigation” which wentto the Supreme Court and Ricev National Dock Labour Board.

Helen is a Senior Litigator ofAPIL and an APIL accreditedoccupational disease andasbestos specialist.

Helen is an editor of a legaltextbook on civil procedureand a freelance lecturer.

15

All of our Solicitors areAPIL Accredited AsbestosDisease Specialists.

ASSOCIATION OF PERSONAL INJURY LAWYERS

Accredited Asbestos Disease

Specialist