Four victims of asbestosis have just received judgment from the Newcastle upon Tyne County Court in relation to the issue of whether they can receive compensation for their asbestos related condition. Each victim had been diagnosed with asbestosis. Some had symptoms of breathlessness from the asbestosis, and some had received the diagnosis because the signs of asbestosis had been found on a CT scan, although they had not yet started experiencing symptoms. The appeal was to decide whether asymptomatic asbestosis was something you should be compensated for, where you had been exposed to asbestos negligently.
The case had some similarities to a previous judgment regarding pleural plaques. Sadly in that case, despite the plaques being a scarring to the lungs, and visible on x-ray, because pleural plaques in themselves do not cause any symptoms, the Court ruled that compensation would not be payable.
Pleural plaques do not develop into any other asbestos related disease nor do they develop symptoms, whereas asbestosis can increasingly reduce lung capacity and it is usual to see in the medical reports the percentage chance of the condition worsening and to what degree.
The Court considered that each of the four cases had to be considered independently. It made a distinction between those where the lung function had been reduced to some degree and those where it hadn't. Medical evidence has yet to show whether "x-ray asbestosis", ie that picked up on scan only and without symptoms is likely to develop into something where symptoms are experienced.
It is disappointing that the Court has only considered that you are entitled to compensation where there is both a diagnosis and respiratory disability. This is a first instance judgment which means at present other courts are not bound to follow the decision but it remains as a persuasive authority. It is not yet known whether the Claimants will appeal the decision.
Bridget Collier, Partner and Head of Fentons Industrial Disease Team, says:
"This is a disappointing result for Claimants. When a client knows that there is evidence of asbestos fibres in the lungs, there is always a concern as to what the future holds. For asbestosis to be diagnosed there has to be some physical change to be seen by the medics if not suffered by the Claimant. This Judgment does not take into account that those with a diagnosis worry from that day onwards whether their asbestos exposure will in turn cause more serious problems".
How can Fentons Solicitors help?
Fentons have a specialist Industrial Disease department experienced in handling claims for asbestosis.
If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.
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