Asbestos Cancer Claims: Legal Rights, Symptoms and Compensation

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What Is Asbestos Related Cancer? 

Asbestos related cancer is a serious disease caused by inhaling asbestos fibres, usually in the workplace. When asbestos-containing materials are damaged or disturbed, the asbestos fibres can become airborne, liable to be inhaled and become lodged in the lungs. In very rare cases, exposure to airborne asbestos can lead to permanent damage of the lungs and the development of lung cancer. This process can take from 10 to 60+ years to occur. 

The most commonly recognised forms of asbestos related cancer are:  

  • Adenocarcinoma;  
  • Squamous cell carcinoma; 
  • Mesothelioma. 

Most workers were exposed decades ago, often without proper warnings or protective equipment. Common high-risk industries included construction, engineering, shipbuilding, manufacturing, electrical work and military service. 

If you have been diagnosed with asbestos lung cancer, you may have grounds to pursue a legal claim for compensation. 

Asbestos Lung Cancer and Mesothelioma: Understanding the Difference 

Although both conditions are linked to asbestos exposure, they are medically and legally distinct.  

Adenocarcinoma and Squamous cell carcinoma  

Lung cancer develops within the lung tissue itself and can have multiple contributing factors, including smoking, hazardous material exposure (such as asbestos) or no identifiable cause (idiopathic). 

Because lung cancer may have several potential causes, a successful asbestos compensation claim usually requires evidence of significant occupational asbestos exposure. This may include work as a lagger, demolition worker, or long-term employment in asbestos factories. 

Mesothelioma  

Mesothelioma is a rare and aggressive cancer affecting the lining surrounding the lungs. In contrast to lung cancer, mesothelioma is overwhelmingly associated with a person’s asbestos exposure and is seldom attributed to other causes. 

A specialist solicitor will need to assess your diagnosis to ascertain whether a legal compensation claim can be made. 

How Asbestos Exposure Leads to Lung Cancer 

Once inhaled, asbestos fibres can become trapped deep in the lung tissue. They are extremely difficult for the body to remove. Over time, this may cause inflammation and cellular damage, that can develop into cancer. 

Symptoms of Asbestos Lung Cancer 

Symptoms of asbestos related cancer can vary, but often include: 

  • A persistent cough or worsening breathlessness; 
  • Chest pain or discomfort; 
  • Fatigue or unexplained weight loss. 

Symptoms may not appear for decades after a person’s exposure to airborne asbestos dust and fibres. However, this does not mean that a legal claim cannot be pursued. Even if the responsible company/companies no longer exist, experienced specialist solicitors can often trace historical employers’ liability insurers to pursue the compensation claim against.  

Who May Have Been Exposed? 

Occupational exposure is the most common cause. At-risk workers include those in construction, demolition, engineering, industrial maintenance, shipyards, and trades such as electricians, plumbers and insulation workers. 

In some cases, family members can be exposed secondarily to asbestos fibres and dust which have been brought home on working clothing.  

Making a Compensation Claim 

You may be able to bring a legal claim, if you have been diagnosed with an asbestos-related condition and have knowledge of where and how your exposure to asbestos took place.  

Compensation may cover: 

  • Pain, suffering and loss of quality of life; 
  • Loss of earnings or pension; 
  • Medical treatment and care costs. 

Family members may also bring a claim on behalf of someone who has passed away from an asbestos-related condition. In these cases, it is important to preserve as much information about the person’s exposure to asbestos as possible.  

Time Limits for Asbestos Lung Cancer Claims 

In England and Wales, a person has three years from the date that they became aware of a significant injury which they should have attributed in whole or in part, to the negligence of their employer, to begin legal proceedings.  

It is therefore important that, if your treating practitioner mentions the possibility that your symptoms may be caused by your previous asbestos exposure, that you seek advice from a specialist solicitor as soon as possible.  

Speak to a Specialist Asbestos Solicitor 

A diagnosis of asbestos-related lung cancer can be both overwhelming and entirely unexpected, but legal support can help you to secure financial stability and hold negligent employers accountable. Our team at Asbestos Justice is here to guide you through every stage of the process. 

If you have been exposed to asbestos in the past and have been diagnosed with an asbestos-related condition, our expert asbestos disease team can advise whether you can claim for legal compensation.  

Call us today on 0800 038 6767 or contact us for a free, no-obligation chat to see how we can help you.  All of our claims are run on a no win, no fee basis.   

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