In the event of an unfortunate diagnosis of Mesothelioma or Asbestosis diagnosis, expert advice should be sought immediately.  It is important to remember that exposure can occur several decades before symptoms appear.  However, careful consideration will need to be given to how exposure to asbestos fibres occurred.  The most common method is known as primary exposure, working directly with asbestos based products without adequate protection or, alternatively, working in the immediate vicinity of asbestos workers.  This would be the archetypal exposure in the 1960s and 1970s involving employment in Shipyards, Power Stations and Construction sites.   

Although safety procedures and oversight improved considerably thereafter, we have nevertheless encountered later exposure involving workers in the 1980s and 1990s refurbishing older buildings and unexpectedly encountering copious amounts of asbestos used in the original construction process.

Exposure to asbestos fibres can also occur indirectly, known as secondary exposure. For example, this might include a wife washing by hand her husband’s asbestos laden overalls or a child playing with his or her father while he is wearing his work overalls. There are particular rules relating to this type of claim, namely that the secondary exposure must have occurred after October 1965, if the exposure occurred before this date a claim will not be possible.

If an Employer or Employer Liability Insurer cannot be found, limited financial assistance is available from the Government for victims of both Mesothelioma and Asbestosis.

We have successfully been pursuing asbestos related disease claims for over 20 years.  Should you wish to purse an asbestos related disease claim, please do not hesitate to Jonathan Duncan via email to jonathan@worthingtonslaw.co.uk or call 028 91282896.

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The article, using data provided by the National Organisation of Asbestos Consultants, should serve as a warning. Over 6 months an ambitious examination of 128,761 buildings revealed 78% contained asbestos in its various forms. Alarmingly a finding that should concern policy makers at all levels and the public generally, of the buildings that contained asbestos, 71% contained damaged or disturbed asbestos.  This release and subsequent inhalation of asbestos fibres from damaged asbestos products is one of the main transmission mechanisms.  Assuming this data is reliable, this suggests large numbers of people are likely to have come into contact with asbestos, often without even realising.

Whether this study and others will result in meaningful policy debate remains to be seen. It does however raise the spectre of another generation of potential victims of asbestos exposure unless substantial steps, including massive expenditure, are taken to minimise the risk posed by the legacy of asbestos use.    Although heavy industry workers, who often worked directly with asbestos in what might be termed a ‘classic’ fashion (for example, pipe laggers and in the construction of new buildings in the 1950s and 1960s), is declining rapidly, there is another generation exposed in a different, but no less dangerous, manner. 

Anecdotally, I have unfortunately seen several cases involving workers exposed to asbestos in the 1970s, 1980s and even 1990s, where their main exposure to asbestos was removing, by hand, old and damaged asbestos-based products from commercial and residential buildings.   Ironically, after doing so, they used modern, safer equivalents as a replacement.        

If you feel you have been exposed to asbestos directly or indirectly and would like to discuss the possibility of a personal injury claim, please do not hesitate to contact Jonathan Duncan on 028 9181 1538 or jonathan@worthingtonslaw.co.uk.

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For the time being at least, the asbestos related cancer mesothelioma remains a terminal diagnosis for many.  The latest available figures and statistics available from the UK Health & Safety Executive suggest a total of 2,544 mesothelioma deaths throughout the United Kingdom in 2020. From 2012 – 2019 the average annual number of deaths was 2,523.

That does not look like substantial change, notwithstanding the predicted downward trend.  The latter would seem predicated the fact that, generally, the statistics available suggest two-thirds of those diagnosed with mesothelioma are aged 75 or over, while the numbers diagnosed under the age of 65 continue to decrease.  This would reflect, with time, improved working practices and health and safety awareness.

In or around 85% of fatalities are from occupational exposure, 15% from secondary exposure (for example, someone sharing a house with an asbestos worker, exposure usually occurring as a result of asbestos laden work clothing entering the household).

However, the numbers involved, for the time being at least, are substantial.  The thankless task of raising awareness that in or around 50 people per week still die as a direct result of mesothelioma is often left to official and volunteer organisations. 

Twitter can and does attract attention for the wrong reasons, there are however several sources of helpful information, including; Mesothelioma UK, @mesouk; Erase Meso, @erasemeso; The Mesothelioma Research Centre in Sheffield, @meso_sheffield; Clydebank Asbestos Group, @CAG_Asbestos; The British Occupational Hygiene Society, @BOHSworld.

This is not an exhaustive list, merely as an illustration of information that is publicly available and often prepared without fanfare by people committed to researching and, hopefully, eradicating what remains an illness affecting too many families.

For advice and guidance, please contact Jonathan Duncan on 028 9181 1538.

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Historically, asbestos based products were commonly used in factories, shipyards, power stations and construction sites throughout Northern Ireland.  

Asbestos claims usually arise from one of two circumstances. The first is primary exposure to asbestos. This would classically involve a worker who used and handled asbestos based products in the workplace or, alternatively, whilst not handling asbestos directly, working around fellow employees who were.  In both scenarios a claim is directed against the former employer or, if no longer in existence, the Insurers who provided insurance cover at the time of exposure.   If the employer is no longer in existence and there was no insurance cover in place, a claim will not be possible. In this event the Government does offer some types of benefit and one off payments for particular types of disease.

You may have also been exposed to asbestos fibres through what is known as secondary exposure. This means that whilst you may have not handled asbestos directly in the workplace, you commonly interacted with someone who did.   An all too common scenario would involve a partner or family member of an industrial worker exposed to asbestos, with responsibility for cleaning overalls and/or tools covered in asbestos.   

Symptoms may not develop until 20-30 years after the asbestos exposure occurred.  If and when an asbestos related disease is identified in the course of clinical care, a Clinician will always request further details of how the exposure did in fact occur, and will invariably remind the patient they should seek specialist legal advice as soon as possible.

Asbestos diseases may include the following:

• Mesothelioma;
• Asbestosis;
• Pleural thickening;
• Pleural plaques.

Contact our Litigation Department for advice and guidance:

• Nikki McConnell, nikki@worthingtonslaw.co.uk;
• Jonathan Duncan, jonathan@worthingtonslaw.co.uk.

All initial calls are free and entirely confidential.

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Cancer Research UK is no exception, and its website contains helpful guides for clinicians in the various cancer related fields, including the terminal asbestos related cancer mesothelioma, caused by exposure to asbestos fibres, usually in the workplace. We have acted and secured compensation for mesothelioma victims and their families for many years, and have seen at first hand the pain caused throughout Northern Ireland.  The Cancer Research UK statistics and guidance regarding mesothelioma within the UK make for sobering reading, https://www.cancerresearchuk.org/health-professional/cancer-statistics/statistics-by-cancer-type/mesothelioma.

The figures suggest this terminal asbestos related cancer continues to affect the UK and is unlikely to fade from view for some considerable time. It is concerning to note that as recently as 2017, some 52 cases of mesothelioma were confirmed in Northern Ireland. Whilst it appears that figure is proportionally less than England and Scotland, it is nevertheless concerning within a relatively small population that one person a week, and their families, receive the ominous diagnosis.  It should be noted that clinicians and charities have well calibrated mechanisms to sensitively help and remind families that compensation can be sought.

Given the extensive use of asbestos based products within the historically male manual industries (including shipbuilding, power stations and the building trade), it is perhaps understandable that males make up the vast majority of mesothelioma victims, 83%. However, it should be noted that 17% is a not inconsiderable figure, representing the dangers of asbestos fibres in both professional and domestic settings, such as the family member exposed to asbestos laden work clothing, so called primary and secondary exposure.   Although many of the companies that exposed victims to asbestos fibres are no longer in existence, compensation claims can still be pursued if there was valid insurance cover in place at the time of exposure. In the event there is no Defendant or insurance policy against which a claim can be directed, there is a Government payment scheme available. 

The forecasting and projections cited by Cancer Research UK use the period 2014 – 2035, and estimate there will be in excess of 2,000 new mesothelioma cases in 2035 throughout the UK, representing a 53% decrease over this period.  This projected reduction is of course good news, but does nevertheless suggest it may be some time before mesothelioma is no longer a concern. Jonathan Duncan is an Associate at Worthingtons Solicitors and specialises in asbestos related industrial disease claims. Should you have any queries regarding this type of claim please do not hesitate to contact jonathan@worthingtonslaw.co.uk.

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The HSENI also provides sobering statistics illustrating the human face of the dangers posed by asbestos based disease.  The available statistics are for the period 2009 – 2015 and refer to deaths in Northern Ireland where mesothelioma or asbestosis has been recorded as the primary cause of death.   The figures are: 2009 – 47; 2010 – 39; 2011 – 56; 2012 – 52; 2013 – 48; 2014 – 49; 2015 – 47.  The average annual rate of deaths appears to be in excess of 48 people.  For a small population, it is quite remarkable to think that, on average, there is nearly a death a week caused by asbestos exposure.

The HSENI reminds readers that any building constructed before the year 2000 is likely to contain asbestos based products.  Occupational asbestos exposure is not confined simply to the man at the woman who worked, for example, at a shipyard or power station in the 1960s or early 1970s. The most common asbestos based products in the building trade that are likely to be encountered remain pipe insulation (asbestos lagging), asbestos insulating boards, asbestos based roof sheeting and asbestos coating which has been applied by way of spraying.  

Asbestos, with its extremely high density, is an excellent fire retardant.   This density is also its biggest hazard, any accidental drilling or other disturbance of the material can release high numbers of asbestos fibres.  In a confined atmosphere and once released, these fibres represent a viable hazard, hence the use of specialist asbestos based contractors which can often be spotted during the renovation of older office and residential buildings.     Given Northern Ireland’s small size, it is interesting to note there are some 24 contractors licenced by HSENI to work with asbestos insulation and/or coating.

It is generally accepted that the development of asbestos related disease(s) usually occurs in excess of 20 years after exposure.    Whilst there are still many workers exposed in one what might call the ‘classic’ asbestos exposure scenarios (pipe laggers, shipyard workers, power station workers), there are many, many workers who have been exposed in different environments, such as schools and the refurbishment of old office blocks. Older school buildings appear to have used copious amounts of asbestos, mainly for pipe lagging but also in science labs.  Many now demolished office blocks were refurbished in the late 1970s and 1980s and this refurbishment work often involved cleaning out boiler houses and pipes causing asbestos exposure.

Given that asbestos exposure persisted for some considerable time beyond the heyday of the shipyard, the sad statistics published by the HSENI are unlikely to change.

Jonathan Duncan has considerable experience of asbestos related disease claims and can be contacted at our Newtownards office, 02891811538 or by emailing jonathan@worthingtonslaw.co.uk.

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Estimates from the BLF suggest that in the next 30 years, 60,000 people may die as a result of mesothelioma.    It can be difficult to place national statistics in a local context.  However, the Health & Safety Executive of Northern Ireland has examined the years 2009 – 2014 and, during this period, the rate of mesothelioma remained stubbornly high, ranging from 39 to 51 deaths per year.  

Northern Ireland, with its extensive history of shipbuilding, is unlikely to escape the legacy of industrial asbestos use for some time yet.  Whilst we live in an age where Health & Safety considerations are rightly paramount, it is easy to forget this is a relatively recent phenomenon.   Up to and including the 1980s, many workers throughout heavy industry (including power stations, ship building and large factories) in Northern Ireland were exposed to asbestos on a daily basis in the workplace (primary exposure) without any or adequate protective equipment and without proper or effective warning of the dangers posed by exposure to asbestos.   Moreover, many workers may have inadvertently exposed their families to the dangers of asbestos fibres by bringing their asbestos laden overalls home to be cleaned (secondary exposure). Asbestos usage was not confined to heavy industry but has also been discovered in school buildings and pre-fabricated social housing.

The modern world has a short attention span, and viewed in this context, historical asbestos exposure might be forgotten.   However, it is worth thinking for a moment that, as mentioned above, until comparatively recently, the men and women who built our ships, factories and railways did so in conditions that were fraught with risk and tragically they continue to pay the price.

Whilst compensation for mesothelioma and other asbestos related conditions, such as asbestosis, diffuse pleural thickening and pleural plaques can be secured from negligent employers, if insurance cover can be identified, the Government also operates a compensation scheme in the event that a personal claim is not possible (for example, if insurance cover was not in place and the negligent employer is no longer in existence).

Worthingtons Solicitors have considerable experience in pursuing asbestos litigation, and will gladly provide expert legal advice so that cases are dealt with as quickly as possible, in a sensitive and professional manner.  If you or a member of your family have been diagnosed with mesothelioma, or any other asbestos related condition, please contact Worthingtons for free initial advice.

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This is a phrase that can often cause alarm when asked by a medical professional. A chest x-ray or CT scan of the chest might be undertaken for any number of medical reasons, but can sometimes identify or suggest the presence of an asbestos related condition such as pleural plaques, pleural thickening, asbestosis or mesothelioma.

If you, or a member of your family, have been advised that you/they may be suffering from an asbestos related disease, you should contact a Solicitor who has specialist knowledge of asbestos litigation for legal advice without delay.

How or where might I have been exposed ?

1.  Working directly with asbestos insulation and/or asbestos products – jobs in this category include pipe insulators/laggers or ‘white men’ as they were known in the shipyard; heating engineers involved in boiler repairs; building labourers & joiners involved in cutting and shaping asbestos products, such as soffit boards, fire doors and wall insulation, and car mechanics repairing asbestos brake linings. This is not an exhaustive list, merely our experience of those workers most commonly exposed to asbestos. The Health & Safety Executive website lists common materials used in the building trade, including sprayed coatings, ceilings &walls, asbestos insulation board, asbestos cement products, asbestos roofing felt, rope seals & gaskets http://www.hse.gov.uk/asbestos/common-materials.htm

2.  Working in the vicinity of others who handled or otherwise disturbed asbestos insulation or asbestos based products ; in our experience, this occurred in larger workplaces/heavy industry where all tasks performed in close proximity to each other, sites which included Harland & Wolff shipyard; Coolkeeragh Power Station; the West Twins Power Station, DuPont based at the Maydown Industrial Estate, and Courtaulds in Carrickfergus.

3.  ‘Secondary Exposure’ ; there are reported cases of wives and even daughters having contracted asbestos disease following exposure to asbestos dust and materials whilst washing overalls carried home by their husband/father. Please note however, claims can only be made in this regard where the secondary exposure occurred after 1 January 1966.

Where might I have been exposed to asbestos in Northern Ireland?

As above, we have successfully pursued claims on behalf of many men and women, who were exposed to asbestos, during their work at or near the following sites:

-The Harland & Wolff Shipyard (this includes not only those employed by Harland & Wolff directly, but also Insulating Subcontractors, including Cork Insulation, Union Insulation, Andersons Insulation, Dicks Asbestos & Insulation, Darlington Insulation, Cape Contracts, Cape Insulation, Anchor Insulation, Capper Pipe Services, Henry Nelson Ltd and Mersey Insulation);

-Coolkeeragh Power Station;

-West Twins Power Station; -Courtaulds in Carrickfergus;

-DuPont, Maydown Industrial Estate;

-Carrington Viyella Carpets/Cyril Lord/Donaghadee Carpets Limited in its various guises in Donaghadee, Co Down;

-Goodyear Tyres in Craigavon;

-Ulster Printworks, Newtownards;

-Irish Fertiliser Industries (also known as Richardsons Fertilisers);

-Whilst serving in the Merchant Navy;

Moreover, many workers, particularly those in the Insulation trade, will have worked for many of the firms mentioned above over the course of their working lives.

How long does it take symptoms to develop ?

It can often take in or around 25 – 30 years for symptoms of asbestos related disease to develop, so it can be quite a task to try and recall when the asbestos exposure may have occurred and in what capacity. It is therefore essential that legal advice is sought as soon as possible.

We, at Worthingtons Solicitors, have extensive experience of asbestos litigation, having successfully pursued asbestos related disease claims over many years and recovering considerable amounts of compensation for our clients.

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