Many people diagnosed with lung cancer are unaware that asbestos exposure at work may have played a role in the development of their illness. In some cases, the exposure occurred decades earlier, when asbestos dust was commonly present in factories, shipyards, construction sites and other work places.

If asbestos exposure happened because an employer failed to take proper steps to protect workers, it may be possible to bring a legal claim for compensation.

Establishing the link to asbestos

Medical experts assessing asbestos-related lung cancer, often refer to the Helsinki Criteria, an internationally recognised set of medical guidelines used to determine whether lung cancer can be attributed to asbestos exposure.

The criteria recognised that lung cancer may be caused by asbestos where there has been significant occupational exposure. Evidence supporting this may include:

In some cases, experts assess the cumulative asbestos dose experienced by a worker. This exposure is usually expressed in fibre ml years and helps determine whether the level of exposure was more than minimal. To assist with this, solicitors may instruct an occupational hygienist. The hygienist reviews the individual’s work history, the asbestos-containing materials involved, and the likely dust levels generated during the work. Using historical data and industry knowledge, they can then estimate likely exposure levels and assess whether the exposure exceeded minimum occupational health and safety levels.

This evidence can be important in demonstrating that asbestos exposure made a meaningful contribution to the overall exposure.

What if a person smoked?

A common concern is whether a claim can still be brought if the person diagnosed with lung cancer was also a smoker.

Smoking and asbestos both increase the risk of lung cancer, and when combined the risk is significantly higher. However, a smoking history does not prevent a claim.

The key legal question is a test of causation in asbestos related lung cancer cases which remains the “doubling” of the risk test i.e. has the asbestos exposure doubled the risk of the claimant developing lung cancer when the claimant is/was a smoker. If medical experts conclude that occupational asbestos exposure played a significant role, compensation may still be recoverable.

Why these claims can be more complex

Claim for asbestos-related lung cancer are often more complex than claims for mesothelioma. Mesothelioma is a disease that is strongly associated with asbestos exposure, whereas lung cancer can have a number of potential causes, including smoking. For that reason, lung cancer claims often require more detailed medical and occupational exposure evidence, including consideration of the “Helsinki Criteria” and, in some cases, expert evidence from Occupational Hygienists to assess likely exposure levels and lifetime exposure doses.

The first steps in bringing a claim

Starting a claim usually begins with a discussion with a Solicitor experienced in Asbestos Disease Litigation. The Solicitor will take a detailed employment history to identify where exposure occurred and how asbestos dust was present in the workplace. Even if the exposure took place many years ago, former employers or their insurers can often still be traced.

Claims after death

Sadly, asbestos-related lung cancer can progress quickly. If someone passes away before a claim is started or concluded, the right to pursue compensation does not necessarily end. In many cases, a claim can continue on behalf of the deceased person’s estate, allowing their executors or dependants to seek compensation on behalf of their loved one.

Very often the coroner will need to be involved in investigating the cause of death where there is a suspicion of an industrial cause. Solicitors specialising in asbestos claims are able to assist the coroner with evidence gathering and to help secure a conclusion that the death was due to an industrial disease, which will be an important albeit not a binding finding in any civil claim to be brought.

Seeking advice

Although no amount of compensation can undo the harm caused by asbestos exposure, bringing a claim can provide financial security and help to ensure that those responsible are held accountable. Anyone diagnosed with asbestos-related lung cancer should seek legal advice from one of the HASAG Panel Solicitors who are experienced in asbestos litigation. This must be done as early as possible so that vital evidence can be preserved and the claim progressed without delay.