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A Guide to Accident Claims for Mesothelioma Caused by Asbestos Mesothelioma Asbestos Mesothelioma Asbestos If you have suffered from an asbestos-related injury or illness (especially mesothelioma), this guide will provide you with all the information which you need to make an informed decision about your potential future legal actions. You need to be aware of the potential risks and rewards that could come from making a mesothelioma compensation claim. This guide will give you that information, alongside general information regarding mesothelioma and how you should continue with your claim if you decide to follow through with legal action. What is Mesothelioma? For those who are unaware, a mesothelioma is a form of aggressive cancer that can affect multiple vital organs – including the lungs and heart – and, as such, is commonly regarded as being terminal. Mesothelioma – as with most forms of cancer – can be organised into four different and distinct stages as the disease progresses and worsens: The first stage of mesothelioma is categorised as the time when the cancerous cells (or neoplastic tumour) are localised to a single area of your body, such as your lungs. This is the most treatable stage of mesothelioma, typically through a combination of surgery and chemotherapy. But it can still be considerably dangerous. The second stage of mesothelioma is categorised as the time when the cancerous cells begin to spread around your body, particularly in the lymph nodes surrounding the initially affected area. This stage of mesothelioma is more difficult to treat than stage one, commonly requiring a combination of surgery, chemotherapy, and radiation. The third stage of mesothelioma is categorised as the time when the cancerous cells begin to spread to the lymph nodes surrounding organs (other than the initially affected area). This stage of mesothelioma is not easily treatable and is often considered to be terminal. The fourth stage of mesothelioma is categorised as the time when the cancerous cells have spread to organs throughout the body and the entirety of the lymphatic system. This stage of mesothelioma – also known as diffuse mesothelioma – is almost always terminal and is treated through hospice care if found. It is typically compensated through a diffuse mesothelioma payment scheme. Understanding the illness and – should you contract mesothelioma – your category of illness can help in planning and filing a compensation claim. How is Mesothelioma Contracted? Mesothelioma is almost always contracted as a result of individuals coming into contact with asbestos. Asbestos, notoriously, is a construction material made by combining different minerals with fibre and cement. It was a commonly used construction material before the discovery of its many harmful effects in 1999. Before this point, it was used for the insulation of floors, ceilings, and walls. The usage of the material was banned in the United Kingdom in 1999 after it became linked with cancer and scarring of lung tissue. Despite this, asbestos can still be found in some construction projects that were completed before the ban was introduced. Mesothelioma is contracted when individuals come into contact with asbestos fibres, particularly at their place of work (but also in their home) and the fibres get caught inside a person’s organs, such as their lungs or heart. Certain groups – especially certain professions and trades – are at high risk of contracting mesothelioma through coming into contact with asbestos. This includes trades such as plumbers, insulation workers, and air conditioning/electrical mechanics, as they typically involve exposure to older buildings and the insulation inside the walls of said buildings. However, the risk of contracting mesothelioma can be minimised by taking preventative measures, which are advised and enforced by the Health and Safety Executive. These measures include carrying out a risk assessment if you are at risk of encountering asbestos and ensuring anyone working with asbestos removal is properly licensed and trained to do so. What are the Symptoms of Mesothelioma? If you are worried that you may have contracted mesothelioma after coming into contact with asbestos, you may need to be aware of potential symptoms. Mesothelioma symptoms develop over a long period of time and are often misdiagnosed as other illnesses. It is important to stay vigilant after having come into contact with asbestos and to be aware of any of these symptoms: The most common symptoms of mesothelioma are tightening chest pains, shortness of breath, and a cough that lasts for an extended period of time. These symptoms suggest that your mesothelioma is affecting your lungs or heart and you should seek medical assistance if you believe you could be suffering from mesothelioma and have had contact with asbestos. Less common symptoms of mesothelioma are swelling of the stomach, nausea, and long-term loss of appetite. These symptoms would suggest that your potential mesothelioma is affecting your stomach – and as with your lungs or heart – you should immediately seek medical assistance if you have had any contact with asbestos. Knowing when to recognise the symptoms of mesothelioma can help you guard against the illness and can help you in preparing a compensation claim. The Health Risks of Asbestos However, even disregarding the relationship between contact with asbestos and development of mesothelioma, there still exist significant health risks if you have been exposed to asbestos fibres. These include (but are not limited to): The worst health risk related to asbestos – excluding mesothelioma – is asbestos-related lung cancer. This form of lung cancer is particularly aggressive and can easily result in long-term lung issues if not properly treated with chemotherapy and radiation therapy. However, the chances of survival are much higher with asbestos-related lung cancer than mesothelioma, due to the possibility of an earlier diagnosis. Another health risk directly related to asbestos is asbestosis. This condition occurs as result of asbestos fibres clinging to the lining of your lungs, causing major scarring across your lung tissue. This lung scarring then creates long-term health problems for you, especially shortness of breath, and heightens the chance of you contracting other lung issues. A third health risk that is directly related to asbestos is pleural thickening, which involves the lining of your lungs swelling as result of asbestos fibres causing irritation. This swelling then causes shortness of breath and chest pain when attempting to breathe. For those considering legal action, a thorough medical examination can be essential in terms of properly diagnosing any and all health conditions. Claiming Compensation for Mesothelioma caused by Asbestos from an Employer If your exposure to asbestos occurred during your work – especially if you work a trade such as plumbing or work for an insulation company – then you may be entitled to compensation from your employer for your mesothelioma. However, in order to do this, you will need to provide substantial evidence in support of your claim. You will first need to demonstrate that the asbestos exposure occurred while you were working for the company. This can be difficult if you were unaware of the issue at the time and thereby made no record of your exposure in the Accident Report Book. However, evidence such as testimony from other employees who witnessed your exposure can also prove adequate. You will then need to demonstrate that it was this exposure to asbestos that caused your current issues with mesothelioma. This is even more difficult than proving the initial point of exposure but evidence that there is nowhere else you could have suffered from exposure could potentially be suitable. Ultimately, you will simply need to prove that the exposure was more likely than not to have caused your mesothelioma, rather than providing conclusive evidence. After this, you will need to prove that the initial exposure to asbestos occurred as the result of your employer’s negligence, rather than simply chance or your own negligence. This could include your employer failing to brief you on the potential dangers of asbestos contact and failing to inform you of the risk of encountering asbestos in the first place. However, once you are able to prove this, your claim is likely to be considered legitimate. Claiming Compensation for Mesothelioma and Asbestos Against a Building Owner Following on from the previous section, if you are claiming compensation against a building owner for exposure to asbestos resulting in mesothelioma, you will need to provide evidence in support of your claim and especially of the owner’s liability for negligence. Namely, you will need to prove that the exposure to asbestos took place in the building in which you claim it has happened; that your mesothelioma was caused by said exposure to asbestos; and that the asbestos exposure occurred as result of negligence on behalf of the owner. This negligence could be the result of ignoring the standards set by the Health and Safety Executive for dealing with asbestos. The evidence of negligence would be needed to prove the owner responsible for your current condition.

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