2nd July 2010 marks the fourth Action Mesothelioma Day, a campaign run by the British Lung Foundation to raise awareness of the disease and for the rights of those affected by it.
Mesothelioma is a form of cancer affecting the lining of the lungs, which is at present without a cure. The only known cause is being exposed to asbestos (even in small amounts) although the time between the two events is usually many years. It accounts for around 2,500 deaths a year; high profile people that have suffered from the disease include Malcolm McLaren and Steve McQueen.
The British Lung Foundation supports the provision of specialised medical care for mesothelioma patients, as well as guidance and support. They also campaign for the Government and employers to treat the issues with the importance that they deserve.
A person suffering from mesothelioma may well be able to obtain financial assistance in two differing ways; firstly by claiming benefits such as Industrial Injuries Disablement Benefit, and secondly by pursuing a claim for compensation against the party (usually an employer) that exposed that person to asbestos or via the Pneumoconiosis Etc. (Workers' Compensation) Act 1979.
To pursue such a claim, it will need to be shown that the mesothelioma was most likely caused by exposure that the defendant is liable for. It also needs to be shown that that exposure was negligent. It is generally accepted that if someone is knowingly exposed to asbestos (with no safety precautions in place) after 31st October 1965, then that exposure will be negligent.
There is a general feeling that claims for mesothelioma victims should be prioritised, due to the nature of the disease, and this approach has been adopted by the Courts.
Submitted by Abbi Stell
