Asbestos and secondary exposure

As asbestos lawyers here at Ashtons Legal, we are seeing an increasing number of “secondary” asbestos exposure cases where (generally) the spouse and sometimes other family members, have developed mesothelioma, a terminal asbestos related malignancy which affects the pleura, the lining surrounding the lung following contamination of the home environment with asbestos dust.

Traditionally, asbestos claims have usually involved industry. Tradesmen, such as plumbers, carpenters, electricians, etc are victims. Cutting asbestos boards with a power saw generated high levels of airborne asbestos dust. Due to the lack of basic facilities on site, these type of workers inadvertently took home the deadly dust on their skin and work clothes and unknowingly contaminating the home environment. Family members were therefore exposed to the risk of developing asbestos related disease.

Often, the worker who came into contact with asbestos in his job may never suffer from the condition, but the spouse, who shook out the dusty overalls and laundered them, may subsequently be given the devastating news that an asbestos cancer has developed. The courts decided that before 1965, an employer could not have foreseen that a mesothelioma might have developed in such an indirect way. Therefore, if a spouse or family member had been exposed to asbestos by washing contaminated overalls only after 1965, it may be possible to bring a claim for compensation.

According to Health and Safety Executive (HSE) information, there were 2,595 mesothelioma deaths nationwide in 2016. This figure has increased sharply over the last 50 years and is expected to continue at current levels until the end of the decade before decreasing. It is estimated that around 300 or so of the annual mesothelioma cases are women, who may have been exposed to asbestos indirectly.

A worker who was exposed to asbestos during the course of the employment may also be entitled to Government benefits. Unfortunately, Industrial Injuries and Disablement Benefit (IIDB) is not available to an asbestos disease sufferer who has contracted mesothelioma indirectly; i.e. not in the workplace. There is also a subtle difference in the insurance position. In an employers’ liability claim, where the sufferer has been exposed during the course of their employment, the insurer at the time of exposure would be on risk to compensate the victim; even though exposure could have been decades ago. If the employer no longer exists, and/or the insurer cannot be identified, then the worker may be eligible for a payment under the Diffuse Mesothelioma Payment Scheme (DMPS), a so called ‘scheme of last resort’.

In contrast, a claim for secondary exposure, such as a spouse who developed mesothelioma from washing her husband’s contaminated overalls, would usually be made against the employer’s public liability insurer in place around 5-10 years before the victim’s symptoms started to manifest. There would be no public liability insurance for a company that went out of business many years ago, so a secondary victim of asbestos exposure would have no civil remedy. A very unfortunate situation which often arises.

Asbestos related disease claims are, by their very nature, complicated because symptoms generally develop many years after the actual exposure took place. It is for this reason that anyone diagnosed with an asbestos disease must contact a specialist solicitor who deals solely with asbestos claims.

Martyn Hayward, Solicitor at Ashtons Legal, has been acting for claimants who suffer from asbestos related disease for over 16 years. Martyn is an Accredited APIL Asbestos and Occupational Disease Specialist. Should you require any information or assistance in making a claim, or in obtaining Government benefits please do not hesitate to contact him directly on 01223 431112 or email on martyn.hayward@ashtonslegal.co.uk