Asbestos car parts used in vehicles exported to Australia

Asbestos has been found to be present in over 23,000 Chinese vehicles imported to Australia. The companies Great Wall Motors and Chery Motors have been forced to apologise after asbestos material was found to be present in the engine and exhaust gaskets of the cars.

The asbestos materials were initially discovered when sets of spare parts were sent to Australia from China. Whilst being inspected at the Australian Customs and Border Control, asbestos was found to be present in several of the engine and exhaust gaskets. When Customs contacted GWM and Chery about this, they were reassured that the two companies did not use asbestos in the production process. Asbestos was later found in as many as eight gaskets per vehicle[1].

A spokesman for GWM said that the company became aware of asbestos in the vehicles in April 2012, at which point GWM began to use alternative materials for the exports to Australia. As both GWM and Chery export their vehicles to several countries, however, it is unclear how regularly asbestos is used. News of the asbestos find in Australia has already prompted South Africa to inspect Chery vehicles[2].

No vehicle replacement planned:

Initially there was some discussion of a recall of the vehicles, however, both the Chinese car companies and Ateco, the Australian distributor of the Chinese vehicles, have said that they will not immediately replace the affected engine gaskets. Ateco commissioned a study into the risks the asbestos poses and concluded that it poses only ‘negligible’ risks to drivers and passengers, and a ‘very low’ safety risk to any mechanic working on the cars. This statement has been confirmed by the Australian Competition and Consumer Commission: however, they have advised against consumers performing any DIY maintenance on the car components. Instead of recalling the vehicles, warning stickers will be placed on all the cars containing asbestos, with the parts being replaced when the cars are taken in for a regular service[3].

Asbestos has been banned in all forms in Australia since 2004, raising questions as to why the companies were using asbestos for this market. The discovery will have a significant impact on the car companies’ reputation: GWM in particular has been looking to expand their market into the EU, where asbestos in all forms is banned entirely. In light of this revelation, expanding into European markets could prove more difficult.

More worrying, however, is how the asbestos could affect both drivers and mechanics in Australia. Despite the fact that Ateco and GWM has stated that the asbestos poses only a ‘negligible’ risk, the decision to not recall the vehicles has prompted an outcry amongst mechanics and asbestos campaigners across Australia.

The CEO of the Australian Motor Traders Association, James McCall, said that all affected parts should be replaced immediately, calling the decision “disgraceful”, as “the damage that asbestos in motor vehicles has done to repairers and people in our side of the industry over the years is tragic”[4]. His complaints were echoed by the Asbestos Diseases Foundation of Australia, which argued: “They’ve got to remove these cars off the road. Not every brake mechanic or car mechanic will know about this”[5].  As asbestos exposure only needs to occur once for a serious disease to develop, it is surprising that more is not being done to protect mechanics and those who have bought the cars.

Thousands of people in Australia are diagnosed with asbestos related diseases every year, particularly workers in heavy industry and mechanics, where the use of asbestos was commonplace. The fact that Australian mechanics may have been exposed unknowingly to asbestos once again raises serious questions about how asbestos exports are handled today. Although asbestos in all forms is completely banned in many countries, including the UK, several countries continue to mine and use asbestos on a daily basis, particularly Russia, Canada and China. If asbestos components can be imported so easily into Australia, this raises questions about whether the same situation could occur in the UK.

Asbestos exposure and making a successful claim for asbestos compensation

Earlier this year, a construction firm was fined after workers were exposed to asbestos during refurbishment works at a college. The construction firm was working alongside a specialist asbestos removal company but started work in an area of the college which had not yet been cleared of asbestos. Four employees were exposed to fibres and had to go through a specialist decontamination process. The company pleaded guilty to breaches of the Control of Asbestos Regulations 2006 and was fined £10,000 plus £3,064 costs.

A HSE spokesperson said, “This incident could have been avoided if an adequate risk assessment had been made before the work started and communicated clearly to the workforce.”

The Control of Asbestos Regulations 2006 ban the importation, supply and use of asbestos in all its forms and also include a duty to manage asbestos in non-domestic buildings. The Regulations cover the requirement for anyone who may work with asbestos to be fully trained and for employers to prevent exposure to asbestos among workers. If exposure is necessary, it must be below the airborne exposure limit which is 0.1 fibres per cm3 for all types of asbestos.

Asbestos-related diseases are responsible for around 4,000 deaths every year. These diseases can include mesothelioma, asbestosis, lung cancer and pleural plaques. They are caused by fibres of asbestos entering the lungs. Asbestos fibres may result if asbestos is chipped, broken, drilled or allowed to deteriorate. Because of this, the people most likely to be exposed to asbestos are those who work in construction or in a trade where building materials are dismantled or destroyed.

Asbestos-related diseases can take 20-60 years to develop and therefore, experts estimate that the amount of asbestos-related disease is likely to increase in future years, despite the Control of Asbestos Regulations. This is because of the popularity of asbestos as a building material in the past and many people who were exposed to asbestos before the ban have not yet been diagnoses with asbestos-related diseases.

Christopher Morgan, a 58 year old pipe-fitter was diagnosed with mesothelioma in 2008. He had been suffering from pain in his side and went to visit his GP, who sent him for further tests at the hospital. When he was diagnosed, he was not surprised. He had spent a lot of time during the course of his work breaking apart asbestos with a hammer and sweeping it up before cutting new asbestos to insulate boilers. This was before people were aware of the dangers of asbestos and so no protective equipment had been provided and he breathed in a lot of the deadly fibres. Today, this kind of work would not be allowed and anyone who would be at risk of exposure to asbestos fibres should be provided with protective equipment. Sadly, Christopher died in March 2010. He left a widow, three daughters and eight grandchildren.

Around 2,000 people are diagnosed with mesothelioma every year. Most people who are diagnosed will die within 1-3 years of diagnosis. Often things move very quickly after diagnosis. For a family dealing with a devastating diagnosis, such as for mesothelioma, the practicalities of everyday life can be an added burden. There may be financial worries at this difficult time. A claim for compensation may be the last thing a family will think of but it could bring some financial security for the family of the person diagnosed and take away money worries so that the focus can be on the care of the ill person.

A compensation claim can also be made after the death of someone from mesothelioma. The compensation can ensure financial security for their family for a long time.

If you are thinking about making a claim for compensation, speak to a solicitor with specialist knowledge of asbestos compensation. They will be able to guide you through the claims process and gather the information needed to build a successful case. For a claim to be successful, you need to demonstrate that the mesothelioma was caused by exposure to asbestos. This may be difficult to prove because of the distance between exposure and diagnosis but a case will be successful if it is considered that ‘on the balance of probabilities’ the mesothelioma was caused by the exposure. Even if a previous employer has gone out of business, it may still be possible to make a claim against their insurers. Claims must be made within three years of the first ‘date of knowledge.’ This does not mean from the time of exposure but from the time the asbestos-related illness is first discovered.

Make sure you choose a solicitor who will be able to build a solid case and ensure the best chance of success. Macks Solicitors have many years of experience in this area and our experts are available to talk to you, without obligation.

Asbestos compensation in cases where cause is not obvious

Exposure to asbestos can have devastating effects. Exposure to just a few fibres can cause mesotheliomia, a cancer of the lining around the lungs. Asbestos was a popular building material until the dangers caused by it were properly understood. Whilst it was still being used as a building material, many workmen, fitters, electricians etc were exposed to dangerous asbestos fibres. However, asbestos has also affected workers in professions that you might not expect.

In 1995, a plastic surgeon from Sheffield died from mesothelioma. He had been exposed to asbestos whilst working as a junior doctor in London in the 1970s. Asbestos was used to line pipes in an underground corridor that ran between the main building of the hospital and the medical school. He was diagnosed with mesothelioma in 1994 and died just one year later, aged 47 and leaving three children. The health authority admitted liability in 1998 and the doctor’s family were awarded £1.15 million in asbestos compensation.

In another case, a 66 year old retired teacher died from mesothelioma. She believed she had been exposed to asbestos during her 24 years of teaching. All asbestos was removed from the school where she had worked in 1992 but because asbestos-related diseases can take 20 years or more to demonstrate symptoms, it was too late to prevent another tragedy caused by asbestos.

Because of the length of time it takes for asbestos-related symptoms to develop, it can be difficult to determine negligence for an asbestos compensation claim, particularly if the cause is not immediately apparent. This may be the case if you have not worked in one of the more common occupations for asbestos exposure. There are government schemes to provide asbestos compensation to those who are unable to make private claims. If it is not possible to determine negligence in a case or if both your employer and their insurer no longer exist or are untraceable, it may be possible to claim compensation under the Pneumoconiosis etc. (Workers Compensation Act) 1979. This scheme provides compensation to people suffering from a number of different asbestos-related diseases.

However, the Pneumoconiosis etc. (Workers’ Compensation Act) 1979 provides compensation for those who have been exposed to asbestos dust at work. If you have been exposed to asbestos in a non-work environment or at home and have developed mesothelioma as a result, it may be possible to claim compensation under the Diffuse Mesothelioma Scheme. The scheme is for those who are unable to receive asbestos compensation from any other source (such as through a claim directly to the employer). A one-off payment is awarded that is dependent on the age at diagnosis, for example, if mesothelioma is diagnosed aged 37 or younger, the payment is £77,506. There are different rates for the families of people who have died as a result of the disease.

TUC figures indicate that only half of the approx 2,000 people who die every year as a result of mesothelioma received benefits from the DWP, and less than 100 people each year who suffer from asbestos-related lung cancer get any help. This leaves a massive gap in the number of people supported financially whilst they battle these diseases.

Asbestos-related diseases such as mesothelioma and asbestos-related lung cancer can have devastating effects, not only for the sufferer but for their families and friends. For mesothelioma, the length of time between diagnosis and death is often very short. This may not leave enough time for families to fully prepare for the death of their loved one, let alone think about and prepare a claim for compensation. If you are considering submitting a claim for compensation, speak to a solicitor. The length of time a case will take to be concluded will vary and depends on a number of different factors. Your solicitor should be able to give you an estimate about how long it will take. Compensation can be awarded even after the death of a loved one. It may also be possible to obtain an interim payment to cover the costs of care, whilst an overall compensation award is being considered.

The amount of compensation awarded will vary from case to case. This will depend on factors like pain, suffering and disability, financial losses and any costs or expenses as a result of the care of the sick person.

Any claim is likely to be made against an employer’s insurers. Even if the company you worked for no longer exists, the insurance company may still be in business and it will be possible to make a claim.

Claiming asbestos compensation can seem overwhelming. That’s why it’s important to have an expert solicitor on your side who knows the laws regarding asbestos exposure inside-out and can fight your case whilst you focus on more important things. Speak to Macks Solicitors today – our experts can discuss your case with you, without obligation.

Families win asbestos compensation for ‘low level’ exposure

Two families have won compensation after a family member died from cancer caused by ‘low level’ asbestos. Both individuals died from mesothelioma. The first, a 74 year old woman, was exposed to asbestos as a secretary. She died in 2006. The second, a 49 year old woman from North Wales, was exposed to asbestos as a school child. She died in 2009.

In the second case, the victim died the day after a judge ruled that she was entitled to £240,000 compensation. The decision was appealed by the council who said that they could only be considered responsible if it could be proved that she had been exposed to asbestos that at least ‘doubled the risk’ of mesothelioma. The Supreme Court rejected their argument and said that judges should base decisions on each individual case rather than asking victims to prove the risk was doubled. A spokesperson from the Asbestos Victim Support Groups’ Forum said, ‘Arguments for a ‘safe’ threshold are everything to do with denying liability for compensation and nothing to do with protecting people. This case not only protects compensation for those who have been negligently exposed to low levels of asbestos, but also gives a warning to those who think that workplaces such as schools, which are heavily contaminated with asbestos, are low risk.’

In another case earlier this year, the family of a miner were awarded £72,500 asbestos compensation three years after his death. In 1965, he was working as part of a construction project that involved breaking through layers of asbestos used to coat tunnel walls. Workers were given only paper masks which did very little to protect from the considerable amount of asbestos particles in the air. 35 years later, he was diagnosed with mesothelioma and sadly died as a result.

Mesothelioma is a type of cancer that affects the lining of the internal organs particularly the lungs. The most common cause of mesothelioma is exposure to asbestos particles. Around 2,000 people are diagnosed with mesothelioma every year and another 1,800 die from the condition. It usually develops 40-60 years after exposure so it can be difficult to determine the source. Experts predict that the number of deaths is likely to increase before it decreases again. Asbestos was a popular building material in the 1950s to 1980s. Many of the people who were exposed to asbestos during this time will not be diagnosed with mesothelioma or other asbestos-related diseases for many years. Asbestos is now banned as a building material and special procedures need to be followed for any building work in buildings that contain asbestos.

Other asbestos-related diseases include asbestosis, which is the scarring of the lung tissue by asbestos fibres. This scarring can make it difficult for oxygen to get into the blood. Asbestosis can be extremely debilitating and is often fatal. Asbestos exposure can also cause lung cancer, similar to that caused by smoking.

Another possible condition caused by exposure to asbestos is pleural thickening, which although not fatal, can be debilitating. In 2008, there were 400 new cases of disablement as a result of pleural thickening. The pleura is a membrane which surrounds the lungs. If it thickens as a result of exposure to asbestos, this can affect breathing. Pleural plaques are slightly different – they are scarring to the pleura, almost always caused by exposure to asbestos.

The diagnosis of an asbestos-related disease can be a devastating time for everyone involved. Deterioration after diagnosis is often all too quick. An asbestos compensation payment at this time would be useful to secure financial stability but what if it takes ages? How can you ensure the solicitor knows what they’re doing? And how can you tell how much asbestos compensation you are entitled to?

Choosing the right solicitor will help to ease your mind on some of these issues. A solicitors firm such as Macks Solicitors with many years of expertise and experience will guide you through the process of claiming asbestos compensation. Some solicitors firms will ‘buy in’ work from claims management companies. Macks have never bought any type of claim, relying upon satisfied client recommending their first rate service.

Where other firms may settle early, we will persevere to achieve the maximum amount of compensation that you are entitled to. We also have the expertise and knowledge of the process to handle your claim as efficiently as possible. We believe every case should be tailored according to the individual.

Call us today to speak to an expert about your case without obligation or fill in an online claim form and we will contact you when it is convenient for you.

Rebecca Montague

For over a decade, Rebecca has specialised in industrial illness and serious personal injury claims and is one of Macks’ most experienced lawyers.

Over that time much of Rebecca’s work has involved successfully recovering compensation for victims of asbestos related illness and their families – including those affected by pleural thickening, asbestosis, lung cancer and mesothelioma.

A grasp of the often complex legal and medical issues involved with this area of law is coupled with a useful local knowledge. Rebecca has successfully brought claims against numerous engineering, shipbuilding, steel and chemical companies – many of whom are or were on our doorstep.

Anthony McCarthy

Director and Senior Asbestos Lawyer

Anthony has worked at Macks as a fully qualified Solicitor since 2000.

During his time at Macks he has developed an extensive knowledge of all types of personal injury claims.   Anthony has particular expertise in Asbestos litigation and serious work-related accident claims. He is extremely proud of the fact that many of his clients come to him via recommendations from existing and previous clients and their families.

Sources of asbestos exposure

Anthony has over the years built up a wealth of knowledge of the types of industries wherein asbestos has been used.  He is still often surprised however at the different employments where people have been exposed to asbestos.   One such example was a case where Anthony acted on behalf of a client who had been exposed to asbestos whilst working as a printer in the newspaper industry.  “Many people remain unaware of having been exposed to asbestos during their working lives”.

Anthony is a member of the Association of Personal Injury Lawyers (APIL).

Mesothelioma: Important Decision for Claimants With Low Exposure to Asbestos

In March 2011 the Supreme Court delivered a ruling with important implications  for the victims of mesothelioma; particularly for those claimants who were exposed to relatively low levels of asbestos dust.

Mesothelioma is a disease which causes malignant cancer cells to form within the lining of the chest, abdomen, or around the heart.  In the vast majority of cases it is caused by exposure to asbestos dust.  It can be difficult to diagnose and responds poorly to treatment.

The majority of mesothelioma sufferers have been exposed to asbestos dust in the course of their employment.  Occupations commonly affected include insulation engineers, boilermakers, shipbuilders, chemical workers, steelworkers, plumbers, pipefitters.

In the UK, the number of mesothelioma cases has increased since 1990 and is expected to peak by about 2020.  The latency period between first exposure and development of mesothelioma ranges from 20 to 50 years.

It has long been recognised that exposure to very low levels of asbestos dust can sometimes give rise to mesothelioma.  In the cases of Sienkiewicz –v- Greif and Willmore –v- Knowsley the defendants sought to argue that the claimants could only succeed in their claims if they could prove that their occupational exposure to asbestos dust at least doubled their risk of developing the disease over and above the general background environmental exposure to asbestos.

This was rejected by the Supreme Court.  It was confirmed that in order to claim, a claimant need only show that the exposure to asbestos dust in the workplace made a “material contribution” to the risk of developing mesothelioma – even where there is only one employer who exposed the victim to asbestos dust.

The result of this clarification is that more claimants are likely to succeed in claiming compensation for mesothelioma – even where their exposure to asbestos dust is shown to have been relatively low – so long as it is shown that the exposure “made a material contribution” to the risk of mesothelioma developing.

Successful Supreme Court Ruling for Victims of Mesothelioma

The families of two women who both died as a result of Malignant Mesothelioma have won their claims for compensation after the Supreme Court ruled in their favour in March 2011.

Mrs Wilmore was exposed to asbestos whilst a pupil at school and died from Mesothelioma in 2009 aged 49.

Mrs Costello also suffered malignant Mesothelioma following being exposed to asbestos at work.   Mrs Costello died in 2006 aged 74.

The family of Diane Wilmore were found to be entitled to £240,000 compensation after bringing an action against Knowsley Council.  However, before the Supreme Court the Council argued that Mrs Wilmore had failed to show that the Council had exposed her to asbestos and that it had at least doubled the risk of her contracting malignant Mesotheliioma.

Knowsley Council’s argument was unanimously dismissed by the Supreme Court.   It was held that there was no such requirement for Claimant’s to show such doubling of risks.

Background to the cases

Mrs Wilmore, mother of two, contracted Mesothelioma following exposure to asbestos dust whilst a pupil at Bowing School in Houton during the 1970’s.

It was whilst working as a Secretary at a packaging factory in Ellesmere Port that Mrs Costello was said to have been exposed to asbestos dust.

The Court of Appeal had ruled in favour of both Claimant’s . The Defendants argued in the Supreme Court that they were not at fault unless it could be proved they were responsible for causing exposure to asbestos that had at least doubled the risk of contracting Mesothelioma.

The argument was rejected in the Supreme Court holding that whether exposure was significant enough to determine liability is to be decided on a case by case basis, taking into account the facts of each particular case.

Summary

The outcome in the cases of Diane Wilmore –v- Knowsley MBC and Sienkiewicz – Costello –v- Greif (UK) Ltd is optimistic for other people who may have only been exposed to small amounts of asbestos dust during their lives yet are unfortunate to contract the disease of Mesothelioma.

Mrs Wilmore’s case is of particular interest in that it did not relate to a claim in respect of occupational exposure but to a claim made by a former pupil of a Local Authority ran school.  Sadly,  it is a fact that asbestos and asbestos products were extensively used in the construction of many public buildings including schools and hospitals throughout the 1950’s up until the 1970’s.

It maybe that these cases will pave the way for other potential Claimant’s seeking to attach liability for negligence to Defendants,  following relatively low dose exposures to asbestos.

It is believed that Mrs Wilmore’s claim is the first successful case involving a  school pupil.

Asbestos Compensation – Entitlement to Benefits

Detailed below are the main benefits you may be entitled to:

Industrial Injuries Disablement Benefit

Industrial Injuries Disablement Benefit (IIDB) may be claimed if you are ill or disabled because of a disease caused by certain types of work.  These diseases are referred to as “prescribed diseases”.  A disease is “prescribed” in those cases where the DWP are satisfied that there is a risk of developing it arising from an individual’s occupation.

The prescribed diseases linked to exposure to asbestos are:

  • Mesothelioma
  • Primary carcinoma of the lung
  • Asbestosis
  • Diffuse pleural thickening.

In order to claim IIDB you must

  • have contracted your disease due to employment on or after 5th July 1948
  • have been an employed earner – i.e. you must have been gainfully employed in the UK and liable to pay income tax on you salary, wages or fees.

You cannot claim IIDB if :

  • your disease was not contracted due to employment
  • your disease was contracted when you were self employed
  • your disease was contracted due to employment within HM Forces
  • your disease was contracted outside of the UK (in most cases).

The amount you will be entitled to depends upon your age and the severity of your disability.  Your claim will be assessed by a DWP doctor who will assess your level of disability on a scale of 1% to 100%.  For certain conditions, in particular mesothelioma, payment is automatically made at the 100% rate from the start of your claim.

To claim for this benefit you need to apply to the Department for Work and Pensions.  An application needs to be made on Form BI 100(PN).  This is available from your local benefits office.  As part of your asbestos claim for compensation we will be able to help you in applying for this.

You should not delay in making a claim for this benefit.  It is possible to claim back-dated benefits for a period of three months only.

The Pneumoconiosis etc (Workers Compensation) Act 1979 – one off Government payment

If you have developed a dust related disease, you may be entitled to a one off lump sum payment from the Government.  This scheme is designed to help those people who are unable to bring a claim for compensation against an employer who caused the disease because the employer has ceased trading.

It is appropriate to apply for this benefit at the beginning of an asbestos compensation claim.  If insurers for you former employers are then identified, and if you can then recover compensation, the amount paid under this scheme is deducted from compensation awarded and paid back to the Government.

The asbestos related conditions you can apply for under this scheme are as follows:

  • Mesothelioma
  • Primary lung cancer
  • Diffuse Pleural Thickening
  • Asbestosis

If the sufferer has died, it is possible for their dependants to make a claim.

To claim for this payment you must also have applied for Industrial Injuries Disablement Benefit. However you do not need to wait for the decision of the DWP as to your entitlement to IIDB before you can apply for compensation under this scheme.

The amount of money you may get depends on  how old you were when the disease was first diagnosed and how disabled you are. It is paid by way of a lump sum.

Macks Solicitors will be able to help you with an application for this benefit as well as advising you on a claim for asbestos compensation.

Special scheme for Mesothelioma cases

Under the 2008 Diffuse Mesothelioma Scheme a new system was introduced to make it easier for people suffering from the asbestos related disease mesothelioma to claim a lump sum payment from the Government.

Under this scheme a person bringing a claim does not have to show that the disease was caused by work.  If you have not yet received a compensation payment from an employer, a civil claim for compensation or elsewhere, you can claim a one off lump sum payment under this scheme.  The scheme is designed to help those people who might not qualify for payment under the Pneumoconiosis scheme including, for example, the following:

  • claimants who came into contact with asbestos from a relative – for example by washing their clothes
  • they were exposed to asbestos in the environment  for example, they live near a factory using asbestos
  • their exposure to asbestos was while self employed
  • their exposure cannot be specified but it occurred in the United Kingdom.

The lump sum payment depends upon the age of the sufferer at the time of diagnosis.

Macks Solicitors will be be to help you with completing an application form under this Scheme at the same time as helping you to bring a civil claim for asbestos compensation.

Inquests

It is part of a Coroners duty to investigate and adjudicate on any sudden or unexplained death or any death that the Registrar is unable to register.

Any death thought to be due to an industrial disease, should be reported to the Coroner.

Although only the Registrar is under a statutory duty to report a death to the Coroner Asbestos related deaths are commonly reported by members of the Deceased’s family/GP/Consultant and/or Solicitor.

If the Coroner considers that the death was not from natural causes matters will usually proceed to an Inquest.

Arrangements are normally made for a post-mortem examination preferably by a suitable Histopathologist.   A doubtful diagnosis of an asbestos related disease can usually be verified at Necropsy.

When asbestos disease is suspected it is normal that samples of the tissue are sent to an experienced Histopathologist with facilities for determining the number of asbestos fibres per gram of dried lung. An outcome of an asbestos fibre count (asbestos fibre analysis/count) can be extremely helpful.  In the general population there will be up to 30,000 fibres of asbestos per gram of dried lung.

In cases of asbestosis there is normally minimum of 100,000 fibres and can usually be very much more than this.    Although it should be borne in mind that there can be sampling errors.  Discrepancies can arise in relation to the number of fibres taken from one part of the lung as opposed to fibres taken from another part of the lung.

Asbestos fibre counts are not quite as important in cases of Mesothelioma as most Mesotheliomas are thought to be asbestos related.
The Pathologist will prepare a post-mortem report for the Coroner.

In addition to findings in the lungs or peritinium a Pathologists report may also show any other conditions that the Deceased was suffering which may have affected his life expectancy.    This may have a bearing on any later assessments of compensation awards.

The Coroner may supply to an interested party (including a Solicitor) a copy of the post-mortem report.     It can prove very helpful in a potential asbestos personal injury compensation claim to have sight of the post-mortem report in advance of the Inquest.

Having to attend an Inquest on behalf of a loved one can prove extremely upsetting. It can be helpful and comforting to know that a Solicitor can represent the family at an Inquest.   A Solicitor can provide information regarding procedure and advice to a family throughout the Inquest. A legal representative can also help the Coroner by providing any statement(s) made in life by the Deceased or any witnesses, providing details of previous employments and exposure to asbestos. A Solicitor can also take an active role in the Inquest proceedings and may wish to question the Pathologist if there are any issues that arise in the post-mortem report.

A verdict of death due to industrial disease is normally given when someone has died of an asbestos related disease.   The evidence used at the inquest can be obtained from the Coroner’s Court and is helpful when pursuing a Civil claim for personal injury compensation.