At HASAG we always encourage people with asbestos related conditions to seek advice from a solicitor as soon as possible, even if they are unsure whether or not they want to bring a legal claim. We work with a number of solicitors who are specialists in this area and we can point patients in their direction. They will always be happy to have an initial meeting and there will be no charge for this.
In some situations, it can perhaps seem quite strange that a solicitor needs to be involved. People could be forgiven for thinking ‘I have an asbestos related condition and my former employers exposed me to asbestos – surely that in itself means that they have to compensate me?’
Unfortunately, it is not that simple. One of the reasons for this is that the law does not judge employers by the strict controls that are in place today. Rather, they will be judged in the context of what was known at the time the asbestos exposure took place. So, if the exposure took place from 1955 to 1960, what matters is what was known about the dangers of asbestos between 1955 and 1960 and what the law was at that time.
While accounts of asbestos use date back to Roman times, it took a long time for the dangers to become fully appreciated. These are some of the key developments in how knowledge has developed over the years, culminating in a full ban in the UK in 1999.
1898 – a report from HM Chief Inspector of Factories referred to ‘the evil effects of asbestos dust’ and stated that where the particles are ‘allowed to rise and remain suspended in the air of a room, in any quantity, the effects have been found to be injurious as might be expected’.
1924 – asbestosis was diagnosed by Dr W E Cooke, an English physician, after performing a post-mortem examination on the body of a 33 year old woman who had started working in a textile factory from the age of 13.
1930 – an article by Merewether and Price (a physician and a factory inspector) was published which outlined the dangers of asbestos and recommended measures to suppress dust in the workplace.
1945 – a letter from HM Chief Inspector of Factories to the ship building and repair industries emphasised the dangers of exposure to substantial concentrations of asbestos dust and advised that precautions should be taken to ‘reduce the risk to a minimum’.
1955 – a paper by Professor Doll confirmed the link between lung cancer and prolonged periods of exposure to asbestos dust.
1965 – a paper by Dr Muriel Newhouse and Mrs Hilda Thompson was published and was reported on in the Sunday Times on 31 October. This brought attention to the dangers of mesothelioma and marks a big change in the state of knowledge. From this point, it was apparent that there was no safe level of exposure to asbestos dust.
1970 – HM Factory Inspectorate issued Technical Date Note 13, which sets out the levels of exposure that would trigger a prosecution by the Factory Inspectorate.
1976 – the Health and Safety Executive published EH10. This was a guidance note that stated ‘exposure to all forms of asbestos dust should be reduced to the minimum that is reasonably practicable’.
1988 – the Control of Asbestos at Work Regulations 1987 came into force, which further tightened the regulations on asbestos use and put obligations on employers to test or check for asbestos type before work started.
1999 – the Asbestos (Prohibitions) (Amendment) Regulations 1999 made it illegal to buy, sell, import or use any remaining asbestos products in the UK.
How HASAG can help
We can put you in touch with a solicitor who will understand all of this and will make sure that you are properly advised. All of our recommended solicitors work on a “no win no fee” basis and will undertake a home visit to assess any claim and to provide advice without charge and without any obligation to proceed further.
