asbestos poisoning

[killersla]

hello all,

Unfautuanly my partner has found out today that her farther has got asbestos poisoning in his lungs and it is not looking to good for him.

Now the man in question did know he had asbestos and has tried to claim a long time ago but was unsucesfull because it was not effecting his health.

However now even the doctor said to him to put a claim in.

I dont really know much else about the situation or what happened in the past but will find out in due cause, so if anyone could help me in the best way to go about claiming.

Who do you claim against?


Were can we find help to issue a claim?

What kind of information do we need?

although it is not a very nice subject i think the family deserves some kind of compensation for the sad times that will arrive shortley.

thanks.


PS not sure if this post is in the right place sorry.

[Tools]

Re: asbestos poisoning

Hi killersla, I am sorry to hear the news of your partners father.

You ask who he should claim against, how was he exposed to the asbestos in the first place? Was it through his work, his home or some other reason?

If he was exposed through his employment is he still employed by the company and is he/ was he a member of any Trade Union body?

Who did he try to claim against previously and how long has he known of the contamination in his body.

As for claiming, I personally would recommend a solicitor who deals in this area of claiming as they can usually negotiate the best settlement, however, you must be aware of the different ways costs are taken. Some will recover their costs directly from the defendant, some may require you to take out insurance to cover the costs etc.

I have found this information from a solicitors firm who deal with such claims

As well as a legal claim against those responsible for exposing you to asbestos there are benefits available which you need to be aware of:
Industrial Disablement Benefit may be paid by the Benefits Agency (DWP) where you are diagnosed from an asbestos related cancer when in paid employment. The application process for this is speeded up where a diagnosis of mesothelioma has been given.
In addition, you may also be entitled to a lump sum under the Pneumoconiosis (Workers Compensation) Act 1979 Scheme. Payment under this can run to several thousand pounds and advice should be sought on whether it can be claimed. The Courts have recognised that claims for mesothelioma need to be treated as quickly as possible. This means that there is a special expedited process for these claims where a Defendant or their insurance company can be found. Compensation can be awarded for the pain, suffering and loss of amenity caused by the mesothelioma and also further compensation can be paid for specific financial losses both past and future which will arise as a result of the illness.
By way of example this could include:-

• medical expenses
• loss of earnings both past and future
• loss of pension
• equipment and aids necessary
• assistance from either family members or paid carers

[WendyB]

Re: asbestos poisoning

Hi Killer

there are different diseases caused by asbestos, not all of which will get compensation, so to speak. My fatherinlaw is in the process of claiming at the moment, I've got a thread on here somewhere, Godloves Solicitors or something like that.

Trade Union will help, but will only recommend their preferred solicitors. I was a bit dubious about these Godlove's people, but having dug in a bit deeper it turns out they are ok. As it happens, they were recommended to him by a friend who they had acted successfully for - if he'd told me that in the beginning i wouldn't have been so worried lol.

It can be a long road and quite complicated, so best thing is to have a look at the post above, find out as much info as you can, then take it from there.

[Tools]

Re: asbestos poisoning

Also take a look here Practice Direction 3D - Mesothelioma Claims

[jax007]

Re: asbestos poisoning

Hi Killer

Have not been on site for a while as my husband too has just been diagnosed with peritoneal mesothelioma which affects the abdomen rather than the lungs and is even more rare.

Sadly mesothelioma is a legacy of days gone by when asbestos was used in all sorts of things - there are more and more cases now coming to light and they will do over the next 10-20 years as the disease often does not start affecting people sometimes until 50 or 60 years down the line!! Because of its rarity (or previous rarity) there is very little research on it and sadly if they do research it and find a cure I guess it will be too late for many and in any case I expect the disease will die out anyway once all those exposed have gone on to a better place (not through the disease - just a generation moving on).

My husband used to work in garages 45 years ago when brake linings and clutch linings were asbestos and they used to blow it out with airlines so the air was full of asbestos dust. No masks or anything and of course if you had a cup of tea or a sandwich you were most likely ingesting it as well as in the case of my husband. He also worked on refuse and was exposed then.

If you need any help with anything let me know - we are currently claiming as its an industrial disease and there are a number of companies that will take up your cause. You need to go back to where and when you were exposed whether through employment or anywhere else. You have to think of everything so its best to write everything down. We had an insurance investigator come to the house and take a handwritten statement - 4 hours and 17 pages - but they are trained to draw out any information from you.

If you want the name of the company PM me as I'm not sure if I am allowed to post it up!

Also he needs to claim Industrial Injuries Disability Benefit - ours is £143 per week for life. I was told your claim starts from when you make the phonecall but it seems ours has started from when they received the application so I am challenging that coz it's worth another £800!!

A word of warning though - make the phonecall to DSS but be careful about sending in application until you have spoken to a claims company (it's all done through solicitors anyway) because you have to be very careful that what you put on your application for benefit matches what you have said in your statement - just in case it gets to court though that is unlikely.

Let me know where this chap lives (region-wise) and I'll give you the address and phone number to call for Jobcentre Plus - I have a booklet with the contact details.

Let me know if I can help - I'm sorry about your news - it's a wicked disease and unfortunately no cure so it's just a question of buying time.

Regards and God bless to you all
jax

[Paule]

Re: asbestos poisoning

Here is some info from a previous thread, the one Wendy mentions

Legal Beagles

[killersla]

Re: asbestos poisoning

thanks for all the support and info guys and im really sorry to hear about your husband jax.

All of the questions asked above i will have to find out over the next couple of weeks as we have only found this out today so dont really want to start asking questions just yet.

I will keep you all informed as to what road we decide to take and i will post again if we need any more help.

Thanks for being sypmphetic and understanding guys.

regards

Killersla

[jax007]

Re: asbestos poisoning

No worries killer - sort out what you have to and obviously let us know if there is anything we can do or any help or further information you need.

It is still worth making the phonecall to Jobcentre Plus for the application form for Disability Benefit as you don't have to fill it in but IF the claim does start from when you make the phonecall (and you have to make sure they date-stamp the form - you have to make that very clear and repeat it a couple of times!) then if he does decide to make a claim he could have lost hundreds if not thousands of pounds.

Just because you phone for form - you don't have to fill it in!

As I said, if you let me know whereabouts he lives I'll give you the Jobcentre Plus phone number and address - it's up to you.

Take care
jax

[WendyB]

Re: asbestos poisoning

My FIL has had letter from specialist confirming pleural plax, but also saying that as an ex-smoker and tb sufferer, his current illness with regard to his chest might not just be caused by the pleural plax, as the smoking and tb could be contributing factors also to his chest illness/situation.

[killersla]

Re: asbestos poisoning

Hello all,

The bad news is that my partners dad has the worst kind of lung cancer due to asbestos poisoning so its all down hill from here im afraid.

The hospital have told him to put a claim in and they have appointed someone to deal with the case for him so its just one less thing to worry about i suppose.

Thanks for all the help and advice.

Regards

Killersla

[jax007]

Re: asbestos poisoning

That's awful news Killer.

I can only imagine what you are all going through based on my own experiences.

It is difficult, but you have to try to stay positive. There are a number of people who, although they have not overcome the disease, have lived a good number of years after diagnosis ... where there's life, there's hope!!

I am going through an especially tough time myself as I am trying to keep cheerful for my kids and my husband ... and that's bloody hard I can tell you when all you want to do is scream and cry (which I usually do on the way to work when I'm on my own!).

As well as the compensation claim do make sure your FiL applies to DSS for Industrial Injury Disablement Benefit (I gave the details in an earlier post) ... we are getting about £145pw - not a lot compared to what he was earning but at the end of the day it's better than a kick up the arse with a club foot!!

Keep smiling and if there is anything I can do to help just holla

jaxx