Asbestos Compensation Claims

Mesothelioma Cancer Compensation

2011-04-25T14:08:00.000+08:00

Mesothelioma cancer hidden killerIt is now well known that asbestos can cause serious health problems for those who are exposed to a substance over a long period of time. Unfortunately, the problem of asbestos in industry remained unnoticed for quite some time, and this means that cases of asbestos lung disease seen on a regular basis.
Indeed, the very nature of asbestos lung disease means that people who were exposed to the substance decades ago and seems to be in good health can quickly view their condition deteriorates rapidly, and they could find themselves suffering from mesothelioma cancer caused by asbestos exposure. Unfortunately, this type of cancer is usually very aggressive and because the people who he usually is not diagnosed when the condition is quite advanced, they often do not have time to live.
Nevertheless, the fact remains that many people who contract mesothelioma cancer caused by asbestos exposure to asbestos can claim compensation for their illness, their employer has the duty to care for them while they were exposed to the substance.One factor that complicates mesothelioma compensation from other cases of occupational injury is the amount of time it takes for the disease to develop. As the decade may have passed between the exposure to the substance and that someone had bad cases can be complex.
lawyers mesothelioma cancerHowever, mesothelioma lawyers have recently been able to win a vital test case that will help a large number of people seeking to claim compensation for asbestos. The court decision the judge decided that an insurance policy that was in place at the time of exposure to asbestos, which is relevant, rather than that which came into force today. It is important for asbestosis claims and cases of mesothelioma compensation as a modern insurance policies now exclude insurance companies from liability for asbestos cases.
If the ruling went the other way, seeking to claim compensation for asbestos would have faced the prospect of suing their employers directly, a grim state of affairs considering many companies would have long gone out of business in the decades after the exposure. However, mesothelioma lawyer failed to win a test that is claiming compensation for asbestos should be easier than it might be.
Mesothelioma Cancer CompensationThat aside, the asbestos compensation claims may still be a long and complex cases, and as the above example demonstrates, it is vital that the expert mesothelioma lawyers who are used to process claims. With the number of cases of mesothelioma cancer caused by asbestos exposure is currently on the rise, an experienced mesothelioma lawyer will be able to help patients and their families to ensure their safety, how much compensation to asbestos is possible in a short time.
Anyone who feels that they have the right to claim compensation for mesothelioma must make sure that they contact the firm to asbestos lawyer as soon as possible, because sooner argue asbestos compensation started, the sooner it is resolved.

Asbestos Compensation Claims Time Bomb insurance companies

2011-04-22T20:10:00.000+08:00

The use of asbestos was banned for more than thirty years ago, but the insurance industry is currently facing a time bomb claims from people who directly or indirectly exposed to the deadly substance.
Asbestos was once hailed as a miracle product, but its use is required by a terrible price for those exposed to it. Diseases caused by mouth into the lungs, such as asbestosis and mesothelioma, can take more than forty years to become apparent and the real cost of drug use in damage claims is only beginning to happen.
Asbestos has been used by man since ancient Greece for its fire retardant properties, but even then it was recorded that the slaves face with him dying from a terrible disease of the lungs and shortness of breath.
In the twentieth century, asbestos was used in all types of construction and manufacturing processes. In every public building you will find the pipes and boilers covered material. Shipbuilders and shipyards were particularly prevalent in its use, and it was not uncommon to see a regular old "laggards" and pipe workers coughing with so-called "Dockers oyster. Offices are also exposed to asbestos, using the walls and ceilings. The house was used in a variety of ways, ranging from the ironing board vehicle brake pads and shed roof covering.
Certainly the most lethal variety of asbestos "blue asbestos," of which one strand in the lungs can cause fatal disease years later.
The first asbestos-related industrial injury claims appeared in the 1960's and have risen sharply since then. Using the material in the UK was stopped H & SE (Health and Safety) in 1970, but it was only finally banned in 1980. During this time, many asbestos removal firms have mainly for removing substances from public buildings such as hospitals and schools. By 2003, it is assumed that the number of direct claims for asbestosis were paying more than 1.3 billion pounds in the UK.
There are four recognized types of asbestosis-related diseases from wild mesothelioma lung cancer, which usually kills within a year, until the so-called "pleural plaques", to which the legislation in the UK currently do not allow the claims, although this is important and can change provoke a billion pounds worth of claims.
Pleural plaques of scar tissue in the lungs caused by asbestos exposure.
Although not directly covered for claims, as the causes and results can not be proved, UK Insurance companies used to pay small amounts to offset concerns about the possibility of plaque turns into something more serious, such as mesothelioma. In 2007, the House of Lords decided that these conditions are not entitled to compensation, although it is being challenged by the Scottish courts and others, and is expected to be canceled.
United States about twenty years ahead of the UK asbestos-related claims by more than three quarters of a million claims paid since 1980. The vast majority of these claims for pleural plaques and the cost is still estimated at about $ 120 billion, which was paid from the U.S. and foreign insurers.
In the UK it is not so easy to bring a claim for asbestosis, as in America, where collective lawsuits against manufacturers of asbestos can sue many companies that each pay a small amount of damage. In the UK, even more people are expected to die of exposure, causation and proximate cause must be proved before any legal action could be taken.
The alarming thing for the insurance company's claims department is that the range and distribution of claims for asbestosis has changed dramatically in recent years, as the true cost exposed. In the past, most complaints were from the laggards and those who are directly involved in the use of asbestos, mainly in the industrial areas of the country.
Claim now from all over the UK, for example, carpenters, plumbers, teachers and families of those who worked with asbestos, for example, the wife of washing clothes and children who greeted their fathers after work.
According to executive health and safety, the authority responsible for safety in the UK is still more than half a million tonnes of deadly blue and brown asbestos, and nearly 3 million tonnes of white asbestos in buildings across the UK. Every year more than 2500 people die from mesothelioma.
Although the requirements for mesothelioma is expected to peak by 2012, as those who are directly exposed to it will all be dead, a time bomb for all asbestos claims are projected to continue until 2040. By this time, more than 200,000 claims have been made, which will cost the UK insurance industry in the region of 10 billion pounds, insurers have to defer to the claims reserves.
If you are suffering from asbestos-related diseases visit Lawyers Simpsons are the UK's leading lawyers for occupational disease compensation, and experts in the maximum damage for all work injury claims and work accident.

Past Derby leads to Asbestos Compensation Claims

2011-04-21T16:52:00.000+08:00

Mesothelioma is a form of cancer that occurs when someone is constantly exposed too, and breathes in, asbestos. This usually occurs in the lining of the lungs and the mesothelium that the membrane covering many of the major internal organs. As mesothelioma results from work in close contact with asbestos, obviously, the most common in specific jobs and workplaces. Since these jobs tend to be found in those regions of the country, such cases are often very location-specific and can serve as what are called "cancer clusters". This means that some parts of the country are seeing more cases of mesothelioma. Derbyshire is one of these areas, as is clearly evident in articles published in the press.
Derbyshire is famous for its history of heavy machinery and, consequently, its use of asbestos. Although asbestos is used only on a large scale until 1970, cases of asbestos poisoning continues to occur on a regular basis, and the number of claims increases. The main reason is that the asbestos scare in the lungs can take up to 40 years to become apparent. Unfortunately, by the time the symptoms present themselves, the disease is already in an advanced stage. Over the past 30 years there were more than 300 asbestos-related mesothelioma deaths in Derbyshire. It is believed that the death toll due to mesothelioma will rise dramatically in the next 5 to 10 years.
To compound the issue, recent changes in the rules, this means that companies no longer have to keep records of liability insurance for more than 40 years. As the disease doesn't appear only after 40 years, this is catastrophic news and tragedy waiting to happen. This means that many people may die of mesothelioma, without receiving the compensation they deserve. MPs are now calling for a campaign to sign a petition to reverse these changes in the rules.
Philip Molt of Littleover died of mesothelioma in 1999. Unfortunately, he didn't get any compensation for themselves or for their families. Mr. molts lawyers were unable to find the insurers of companies engaged Mr. molt. This was solely due to changes in regulations governing the preservation of records for liability insurance. She is currently argued that the central database, with mandatory Details of the insurers should be preserved, so the claim can be copied. It's not just a database containing data for the period more than 40 years, but will also contain information relating to employers who have ceased to trade. Despite the voluntary code in force with the Association of British Insurers that insurance should be kept for 60 years, it is believed that many companies do not respect him. The database will facilitate access to records for longer periods.
It you have mesothelioma, then you are totally in their rights to make a statement. It is very important that you consult an attorney who will know the intricacies of this case. A specialist lawyer will understand the law surrounding such claims and all past cases that may be relevant to your claim. How is such a specialist area, as well as cases of mesothelioma with the location (for example, in the case of Derbyshire), it may be worth approaching agencies such as Derbyshire Asbestos support.

New Year Recession Fears

2011-04-19T02:09:00.000+08:00

by Insurance Blogger on January 7th, 2011

Insurance blog thought the silly season was in the Summer, but from the noises coming out of Whitehall and what remains of Fleet St. recently, it looks like it’s begun early!

If all the Economic pundits are to be believed, you would think that the economy was rosy! No chance of a the dreaded double dip recession now ……..

Hmm, what about the 600,000 job losses in the public sector that still have to be made this spring and will have to be paid for out of a shrinking GDP, rising wage demands from the private sector, fuels costs going through the roof and VAT at it’s highest ever 20%!

However you look at the current situation the immediate future does not look too bright!

Amongst all the coalition division and noise about quangos, cuts, student fees, interest rates and inflation, the UK Government has this week raised Insurance premium tax to 6%. With the cost of Insurance already at record highs as companies try to build up lost claims reserves, maybe they thought we’d not notice more indirect taxation!

The future doesn’t look too orange for Corporal Clegg and his Liberal lackies either who are currently enjoying their lowest popularity level for 30 years.

Meanwhile David Cameron is making noises about the housing sector while failing to enforce the necessary lending from the banks that would inject some momentum into a recovery, he has spoken out about plans to clamp down even further on mortgages in the name of responsible lending.

Tory Housing minister Grant Shapps has said that under the new FSA’s Mortgage Market Review (MMR) proposals, he himself would have failed to get a mortgage.

Now Cameron has said that lenders have already gone too far in preventing

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UK Unemployment hits record heights

2011-04-19T01:54:00.000+08:00

by Insurance Blogger on January 20th, 2011

The UK Government have just released the latest economic indicators from the Office for National Statistics (ONS), and it makes grim reading. doom and gloom awaits us all if the trends continue……

If you haven’t taken out unemployment insurance yet, there may still be a little time, although given latest figures you will have to move as fast as the postman with the redundancy notices, as UK Unemployment hit record heights.

Here’s the facts of the state of Britains Economy

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New Online Crime Maps launched in UK

2011-04-19T01:39:00.000+08:00

by Insurance Blogger on February 1st, 2011

Did you know there was a burglary last week in your road?

Ever wondered why you home insurance premiums are so high?

Well from now on you can find out whats been happening in your area with a new online crime mapping service from the UK Police.

The maps based on Google Earth and using a streetview pointer allow you to zoom down to see crimes commited in each street.

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A brief history of Insurance

2011-04-19T01:24:00.000+08:00

by Kris Oldland on February 6th, 2011

Insurance Blog likes to educate our readers so today for those of you studying for your ACII Insurance Blogger Kris Oldland discusses the development and history of Insurance.

Part One: Insurance in the ancient world:

Insurance is everywhere and attached to everything we do. In the western world practically each and everyone of us is involved with a number of seperate insurance policies everyday and everywhere we go. Whether it be in our cars, in our homes or in our jobs we will no doubt be insured somehow at any given moment. But where did this concept originate and how has it developed over the years to the modern sophisticated system that it is today?

Well, the history of insurance steps back a lot further back than many of us would ever imagine. In fact, throughout history wherever there has been any form of commerce and an economy in place, insurance of some description soon followed.

The earliest recorded descriptions of insurance date back over five thousand years to the third millenia BC, with the Chinese empire having established insurance methods in place. Of course, having invented, paper money, fireworks, and alcohol it was probably best that these clever chinese chaps came up with insurance too! With a thriving and thoroughly well established trade network developed, the creation of a system of insurance was driven by neccesity. Chinese merchants were incredibly tenacious and would make incredible journeys, often overcoming treachourous terrain and dangerous river rapids to complete their journey. It became standard practice for these merchants to redistribute their valuable wares across a number of vessels to limit the loss of any one vehicle capsizing. Essentially, risk management in its purest, most simplisitic form.

As we fast fowrard a millenia or so we encounter another bunch of rather clever folks who were off having a great old civilised time, whilst we in Britain were tentatively stepping out of caves, the Babylonians. This Mesopotamian civilisation flourished amongst both the Sumerian and Akkadian peoples and again was a sophisticated and complex society with commerce beating at its heart. This was a civilisation with an incredibly well organised government, an established, functioning bureaucracy, and complex taxation systems, much of which was installed by the sixth king of Babylon, Hammurabi.

Having brought stability to the Mesopotamian region, it was Hammurabi who introduced the groundbreaking (yet slightly unimigantively and rather egotistically named) Codes of Hammurabi; one of the first ever recorded codes of law. It was in fact from the Codes of Hammurabi that the phrase

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A Brief History of Insurance: Part 2

2011-04-19T01:09:00.000+08:00

by Kris Oldland on February 14th, 2011

A brief history of Insurance:

Part Two: Rhodian General Average and Athenan Maritime Loans:

OK, so in the first article in this series we discovered that whilst those amazing Chinese chaps were out inventing everything and anything, they put together the worlds first ever risk management systems. We also discovered that it was a thousand years or so later that a rather brilliant Babylonian, a first dynasty king called Hammurabi came up with something that many scholars consider to be the first recorded form of monetised insurance.

This system was in fact set to become incredibly wide spread largely down to the Babylonian’s sphere of influence within the young, growing markets of commerce within early history. The practice of paying what we would now consider an insurance premium, to cover the cost of a merchant’s cargo should it be lossed due to theft or accident on the high seas, had become common place across the mediteranean in its many fledgling cultures.

As the cultures of the meditaranean developed and in particular that of Ancient Greece, so we see further complexities within insurance as a financial product within these cultures and also their growing importance within the daily lives of members of these societies.

The inhabitants of Rhodes were to establish a rule of general average amongst their merchants and traders. In essence this was very much in the same vein as a general mutual insurance fund, a term many of us are more familiar with. This general average was created to allow groups of merchants to pay to insure their goods which were to be shipped together. Under this very community minded statute, should a merchant be unfortunate enough to have his goods jettisoned due to reasons of sinkage or storm, then each of the merchants whose cargo was also on the journey would share the cost of this loss by paying a premium. Of course the term and principals of general average are still applicable in many modern marine insurance policies today.

It was during this period in history that the concepts of insurance and risk management really began to beccome more refined and complexities within risk calculations started to emerge. And it all started with boat insurance.

The ancient Athenians created what was termed a maritime loan. This loan provided advanced money for voyages and repayment was cancelled if the ship was lost at sea, much like the laws in the older Codes of Hammurabi and indeed the maritime loans of modern times. It was circa the fourth century that the rates of interest for loans differed accordingly to the relative ease or danger of the passage. The time of the year, the prevalent weather conditions, the route to be taken, even the socio politcal enviroment were all taken into account, which would suggest a level of intuitve pricing for risk begining to very much resemble modern day insurance.

As with so many elements of modern society, we see that what began in Mesoptamia, was once again absorbed and developed by the Greeks, and as is true with many other facets to civilisation, was so then absorbed and further explored within the Graeco-Roman and then Roman cultures. Insurance was to be no different and as other lines of insurance developed in our modern era out of marine insurance so it was to be the case in the ancient empires of Greece and Rome.

In the next installement we shall explore this further as we discover how the Greeks and Romans introduced the concepts of Health Insurance and Life insurance to their civilisations.

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Google Buys Insurance Aggregator Beatthatquote.com

2011-04-19T00:54:00.000+08:00

by Kris Oldland on March 27th, 2011

Meerkats and Opera Singers beware: Google are coming

The big insurance industry story that made the headlines of both the trade papers and the nationals this month was mega global search engine come media owner come O/S provider come whatever else they are now, company Google have bought financial comparison site Beat That Quote for a cool

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Do You Know What Your Home Insurance Really Covers You For?

2011-04-19T00:39:00.000+08:00

by Insurance Blogger on April 6th, 2011

How many of us actually read our insurance policy documents when they drop through the letterbox? Insurance Blogger has just renewed my home insurance and the particular policy booklet is thicker than the local freeads, that arrived at the same time. So this got me thinking about all those people who purchase home insurance cover online and are probably under-insured in some minor or major way!

Although many people who own their own houses in the UK are likely to have some type of basic insurance policy on their property, the extent of that cover, sometimes turns out to be entirely inadequate for the misfortunate few who thought they had bought a good deal.
Stop for a moment and think: You have worked hard to purchase and maintain your house. Why risk losing it or its contents because you have tried to save on your home insurance and have not considered what really needs to be covered?

Specialist House Insurance – The Problem with Standard Home Insurance
If you have a standard home insurance policy, you might think your home’s contents are completely covered under your contents insurance section. Although this could be right to a certain degree, the thing is that some types of home insurance policies that put limitations and restrictions on the cover they supply as described in the policy booklet and online keyfacts documents.
These types of restrictions dramatically add to the possibility of your exposure to a considerable loss which could force you to spend thousands of pounds out of your own pocket to cover the difference. Here is what happened to a person who had a simple level of cover bought through a standard home insurance comparison site, instead of through a specialist provider. This policyholder couldn’t recover the complete cost of a broken Hasselblad camera due to the fact that it went way beyond the policies specified item limits.

Specialist House Insurance – Hobby Camera’s Worth Exceeds the Policy Limit
This example of a loss started when a policyholder dropped and caused harm to his new Hasselblad camera. The man was taking photographs of his relatives away from his home at the time. It was an expensive camera with a value of approximately

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The Bad Boys of Insurance

2011-04-19T00:24:00.000+08:00

by Insurance Blogger on April 12th, 2011

The UK Insurance industry watchdog the FSA has been very busy in it’s final year of existence before it is replaced by another quango, and has published figures of which firms are the most complained about by consumers. The FSA is keen to point out that the larger the operation the more likely there are to be complaints about that firms services or products and that the figures do not constitute a league table of bad boys.

Hmm……..what do they show then?

Here’s the top fifty of the most complained about Insurance companies in the UK:

Firm name

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Professional Indemnity Insurance Buyers Guide

2011-04-19T00:09:00.000+08:00

by Insurance Blogger on April 14th, 2011
5 Things To Ask Yourself Before You Buy Professional Indemnity Insurance

The What, When, How, Where and Why Guide to Indemnity Insurance for professionals.

Professional Indemnity Insurance is designed to protect you when a problem arises with any professional work you have done. In today’s litigation culture, this form of insurance is becoming increasingly relevant for a range of professions.

Are you thinking about Professional Indemnity Insurance?

Before you buy, it pays to consider the crucial 5 questions:

What exactly is Professional Indemnity Insurance?
Professional Indemnity (PI) Insurance is designed to protect you in the case of professional error. In the course of your working life an instance may occur where unfortunately, the professional skill you exhibit is deemed inadequate. In this situation, a dissatisfied client may seek some form of compensation, resulting in financial implications for you and your business. This is where PI Insurance comes in: it provides financial support for defence costs, withheld fees and any compensation which may be awarded against you. In simple terms, Professional Indemnity Insurance is financial protection against professional error.

Why do I require PI Insurance?
This type of insurance is typically relevant for professionals who regularly give advice to their customers, and/or who are responsible for customers’ data and other intellectual property. It can loosely be regarded as protection against non-physical but nonetheless detectable damages. PI Insurance can be voluntary, but it is mandatory for some professions, such as Architecture, Accountancy and some IT Consultancy.

How does PI Insurance benefit me?
If you are at all liable to be challenged in the competency of your work, or there is scope for your services failing to meet the expectations of your client, then PI Insurance will certainly benefit you. PI Insurance will provide you with financial support if you are accused of professional negligence, misuse of intellectual property, loss of data, dishonesty and defamation incurred by your business. Despite best intentions, no one is immune to mistakes or accusations of mistakes

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Tax exemption introduced for certain asbestos compensation trusts

2011-04-18T23:54:00.000+08:00

Written By: admin on April 19, 2010219 CommentsThe 2010 Budget introduced a new measure that will exempt trusts set up for the purpose of paying compensation to, or in respect of, individuals with asbestos related conditions.

Ordinarily, the trustees of a fund must pay inheritance tax, capital gains tax and income tax on the assets held by the trust.

This new measure will ensure that trust funds set up by companies with its creditors specifically to pay compensation to or in relation to victims of asbestos related illnesses are exempt from these requirements. It will apply to all trusts set up after 23rd March 2010.

This is only fair and just, given the importance of providing proper compensation to victims of debilitating conditions such as asbestosis, mesothelioma, asbestos related lung cancer and other asbestos industrial diseases. The measure will bring trusts set up for this purpose into line with charitable trusts (which already benefit from the same tax breaks).

Click here to read the HMRC press release announcing the new measure.

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Last resort funding for asbestos compensation

2011-04-18T23:39:00.000+08:00

only fair and ethical’ that an Employers’ Liability Insurance Bureau be set up to fund compensation for the sufferers of asbestos-related diseases, according to The Co-operative Insurance. Such a Bureau was proposed by the Government in February 2010 as a last resort for the victims of asbestos who are unable to trace the insurance records of their employers needed to get full compensation.

The Employers’ Liability (Compulsory Insurance) Act 1969 requires employers (subject to some exceptions) carrying on business in the UK to take out insurance to cover their liability to their employees for any bodily injury or disease sustained during the course of their employment in the UK. The system supports the right of employees to be compensated for asbestos industrial diseases by helping firms to meet compensation costs and ensuring that compensation remains available even when a firm has become insolvent.

Because such conditions typically do not develop until many years after the initial exposure to asbestos, the sufferers of asbestos-related illnesses sometimes are unable to benefit from this scheme however. There is a risk that either employees did not keep the records for their employer’s insurance policy or details of the policy have since been destroyed by the employer.

The Government is currently carrying out a consultation regarding two proposals to assist the victims of asbestos industrial diseases in obtaining compensation under such circumstances. The first of these is to create an Employers’ Liability Tracing Office that would maintain a central database of all Employers’ Liability policies and assist the victims of asbestos industrial diseases to trace the relevant insurer. The second is the Employers’ Liability Insurance Bureau to pay out asbestos compensation from a last resort fund in the event that victims who contracted an asbestos industrial disease during their employment are unable to trace the applicable policy.

The Co-operative argues that as employees were working for their employers in good faith and it is likely that such employers had liability insurance, it would be unjustifiable for the insurance industry to turn its back on the sufferers of asbestos industrial diseases by not supporting the establishment of a last resort fund.

Please click here to view the Government consultation paper on this issue,

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Remembering the victims of asbestos industrial diseases

2011-04-18T23:24:00.000+08:00

Written By: admin on April 28, 201080 CommentsApril 28th is Workers Memorial Day, when internationally people will take the time to commemorate those who have died or suffered serious illness or injury in the course of their work. Workers exposed to asbestos tragically make up a significant part of the number of deaths each year resulting from occupational cancers and lung disease. The HSE estimates that around 4000 people each year die from mesothelioma and asbestos-related lung cancer and the number of non-malignant asbestos diagnoses such as asbestosis has been rising erratically since the 1980s.

A new asbestos support group has been launched to mark the day. The Northern Asbestos Support and Campaign Group will provide support, guidance and state benefits advice to the victims of asbestos industrial disease.

It has also been announced by UNISON that in the last year over

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Asbestos deaths reach all-time high

2011-04-18T23:09:00.000+08:00

Written By: admin on May 11, 201055 CommentsAccording to the Health and Safety Executive, asbestos-related deaths in the North East and Cumbria have reached the highest level since records began. Annually, 400 people die from asbestos industrial disease in this region.

As a traditionally industrial region, with a history of involvement in shipbuilding and other professions linked to asbestos exposure, the North East is tragically plagued with one of the highest mesothelioma death rates in the United Kingdom.

Asbestos is single biggest cause of work-related deaths in the country, taking 2000 lives annually and devastating families. Humphreys & Co. Solicitors have been working with the victims of exposure to airborne asbestos fibres for decades and know all too well the trauma that being diagnosed with asbestosis, mesothelioma, asbestos-related lung cancer or pleural thickening entails.

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Asbestos surveyors must be suitably qualified

2011-04-18T22:54:00.000+08:00

Written By: admin on May 14, 201041 CommentsThe HSE has launched a new campaign to stress the importance of hiring a suitably qualified asbestos surveyor. A number of roadshows have been arranged to promote a better understanding of the surveying process amongst those managing the risks associated with asbestos containing materials (ACMs).

The Control of Asbestos Regulations 2006 place a number of obligations on people with responsibility for the maintenance and repair of non-domestic properties (duty holders). These include a duty to find out if there is asbestos present in the building and to assess the risk of people in the building being exposed to airborne fibres released by ACMs. Where any asbestos is found, an ongoing obligation requires duty holders to ensure that the level of risk is monitored and managed.

An asbestos surveyor can be used to carry out checks for the existence of asbestos and the level of risk posed to human health. It is vital that they have the skills, experience and training necessary to do the job well (and the Regulations make this a legal requirement). The HSE has stipulated in a recent guide that duty holders should only hire surveyors certified by a competent body. It strongly recommends the United Kingdom Accreditation Service or the Asbestos Builders Inspection Certification Scheme.

Asbestos was a very popular building material, applied to a variety of purposes in residential and commercial properties between the 1950s and 1999, when the total ban on the use of this material came into force (any property built before this time is likely to contain at least some asbestos). It is found in many places in a building including ceiling tiles, pipe insulation, boilers and sprayed coatings. The material was often mixed with other materials, making it hard to know for certain if you are working with it. With a suitably qualified professional, it is at least possible to know that best practice is being followed in identifying and managing risk.

Click here to read ‘Asbestos: the survey guide’ by the HSE.

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Quick reference asbestos factsheet to be issued to retailers

2011-04-18T22:39:00.000+08:00

Written By: admin on May 17, 2010123 CommentsThe Health and Safety Executive has found that compliance with the ‘duty to manage’ asbestos regulations is particularly low in the retail industry. It has teamed up with BHF-BSSA, an independent retail trade body, to launch an awareness raising campaign.

The main feature of this campaign is the issuing of a quick reference factsheet, to help retailers understand their legal responsibilities in relation to asbestos. It is hoped that this will reduce the incidence of workers, customers and contractors being exposed to asbestos fibres.

Pursuant to Article 4 of the Control of Asbestos Regulations 2006, anyone responsible for the maintenance of a non-domestic property will almost certainly also be responsible for managing any asbestos present on that property. The factsheet will explain this duty and the essential steps that should be taken in complying with it, including advice on having an asbestos survey carried out.

Asbestos is an extremely dangerous industrial material, that is likely to be present in many buildings completed before 2000 (the total ban on all types of asbestos came into force in the UK in 1999). Every year it kills an estimated 4000 people, and it is anticipated that this number will continue to rise for the foreseeable future. Any steps that can be taken in the meantime to try and reduce the incidence of exposure to airborne asbestos fibres can only be welcomed.

If you are concerned about the impact that the inhalation of asbestos fibres has had on your health, you should consult your doctor without delay. If you have been diagnosed with an asbestos industrial disease such as mesothelioma, asbestosis, pleural thickening or asbestos-related lung cancer, you should also be aware that it is usually possible to obtain financial compensation for your condition. If you would like to find out more about this, please either take a look around the rest of this website or click here to get in touch with us today.

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Broken asbestos found dumped in a lay-by

2011-04-18T22:24:00.000+08:00

Written By: admin on May 18, 2010396 CommentsCouncil asbestos disposal experts were called in to remove an industrial bag full of broken asbestos roofing yesterday, the Derby Telegraph reports. The Council was alerted after a local resident identified the risk in Breadsall. The material, believed to have been removed from a shed roof by the fly-tipper, had to be carefully dealt with by a specialist team wearing protective clothing.

Asbestos is an extremely dangerous substance when disturbed, making it very alarming that someone would leave a bag full of destroyed corrugated roofing in the street. The inhalation of airborne asbestos fibres can lead to a number of fatal conditions including mesothelioma and asbestos-related lung cancer.

There are a number of precautions that should be taken when handling asbestos containing materials (ACMs), first and foremost of which is that undisturbed asbestos should be left alone. When disturbed asbestos can break, releasing minute fibres into the atmosphere, which are easily inhaled. Such fibres can become lodged in the pleural membrane, and may resist the body’s natural defences in order to remain there.

If there is a risk that the asbestos might decay (or if it has already begun to decay), it is necessary to take steps to minimise the risk to human health. These include painting over the material with an impermeable layer of paint. An asbestos surveyor can be consulted in order to identify the most prudent course. If it is necessary to remove asbestos from the building, sensible precautions include:

Avoiding the use of power toolsKeeping the asbestos dampWearing a suitable face mask (an ordinary dust mask is not suitable)Never smoking, eating or drinking around asbestosSecurely packaging and labelling asbestos wasteCleaning up fibres with an asbestos vacuum cleanerWearing disposable overalls and boot coversNever carrying asbestos off-site in a carThe Health and Safety Executive website contains detailed guidance on the nature of the risks associated with handling asbestos and up-to-date information on the best practice for minimising those risks.

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Asbestos compensation must remain a top priority

2011-04-18T22:09:00.000+08:00

Written By: admin on May 24, 2010333 CommentsWith a new incoming government, it is vital that existing Department for Work and Pensions proposals to improve access to compensation for victims of asbestos industrial disease are not forgotten. This was the message sent out in a recent press release from the Association of Personal Injury Lawyers.

Employers are legally required to take out an insurance policy to cover the costs of paying compensation to their employees who fall victim to injuries or asbestos-related diseases such as mesothelioma, asbestosis, pleural thickening or asbestos-related lung cancer. The system protects the rights of employees against the inability of employers to meet the costs of paying the compensation that the victims of asbestos inhalation deserve and ensures that compensation remains available even after the company in question has gone into receivership.

The DWP recently closed a consultation on the introduction of two new measures that would significantly assist this insurance scheme in meeting its aims. These were a tracing office, to assist those with asbestos industrial diseases and other conditions in tracking down the insurers of their previous employers; and a last resort compensation fund for those people unable to trace the insurance policy of their previous employer.

People with a legitimate claim to asbestos compensation who were unable to find the insurer either because they did not keep a record of it or because any such records have since been destroyed are currently at risk of being left without a remedy (though there are other means through which compensation might be obtained, such as the various state benefits that are available to the victims of asbestos-related conditions). The two new measures, if introduced, would significantly reduce the number of people dying from the painful effects of exposure to asbestos fibres without the compensation to which they are entitled and which would provide them some comfort in their time of need and financial support for their loved ones in the future.

As the president of the Association of Personal Injury Lawyers said:

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Asbestos decision creates uncertainty for many claimants

2011-04-18T21:54:00.000+08:00

Written By: admin on October 13, 2010386 CommentsOn Friday of last week the Court of Appeal overturned a 2008 decision of the High Court that in cases of workers exposed many years ago to asbestos it was the companies’ insurers at the time the exposure took place that were responsible for paying out compensation.

Stephen Burbidge of Humphreys & Co who acts for victims of asbestos exposure throughout the South West, the UK and workers overseas who have emigrated says that the ruling is a backwards step for workers and their families:

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Support for claimants: mesothelioma claimants with low exposure to asbestos succeed

2011-04-18T21:39:00.001+08:00

9th March 2011 in the cases of:

Sienkiewicz -v- Greif; Willmore -v- Knowsley 2011 UKSC10.

The Supreme Court has ruled in favour of mesothelioma claimants who suffered low levels of asbestos exposure.

Now in order to succeed on the issue of causation a mesothelioma claimant only needs to establish, on the balance of probabilities, that his or her exposure to asbestos dust was more than minimal and, if so, it will satisfy the Fairchild Test that such exposure

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