There are a number of illnesses that are caused by workplace exposure to asbestos fibres.
Theseare mesothelioma, lung cancer and asbestosis. Mesothelioma and lungcancer are usually terminal and whilst many asbestosis sufferers cancontinue with a reasonable quality of life, the disease is progressiveand can be very debilitating. Because the latency period betweenasbestos exposure and disease symptoms and diagnosis can in some casesbe up to forty years or even longer, it is very difficult to establishwhen the exposure took place.
For instance if a person has worked in acar maintenance depot where he/she has been exposed to asbestos
fibresfrom car brake linings, and subsequently worked in the buildingindustry where asbestos was used for insulation purposes, it isextremely difficult to prove which employer was responsible for theexposure.
Furthermore, if the person used asbestos privately, forexample in the construction of a car garage which were often made fromasbestos, then this could also have been the cause of the fatalexposure. As the compensation claims can be for very large sums ofmoney, which is completely justifiable, it is also reasonable to assumethat the employers in question along with their insurers willvigorously defend their positions in order to prevent such claims beingsuccessful. Furthermore, it is quite possible that the company inquestion is no longer in existence.
On the other side of thefence, it is a fact that there has been a substantial number of falseasbestos compensation claims made, which has increased the caution ofinsurance companies and governments alike.
Obtaining compensationin these circumstances can be extremely difficult, and is likely to beparticularly distressing for sufferers and their families. Despitethere being several precedents both for and against the awarding ofclaims, along with several different acts of parliament concerningcompensation for asbestos related diseases, a simple route to obtainingcompensation remains far from being clear and straightforward thusexcellent legal assistance is a necessity.
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