Mesothelioma FAQ

What is Mesothelioma?

Mesothelioma is a type of asbestos-related cancer which affects the lining of the lung, but can also be found in the lining of the abdominal cavity or the lining around the heart. 

 

Other asbestos-related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.

Mesothelioma and Asbestos

Symptoms

Mesothelioma is usually fatal, with rapidly deteriorating symptoms once it is pronounced enough to be diagnosed. Symptoms can include:

  • Shortness of breath/difficulty breathing
  • Chest pain
  • Cough and wheeze
  • Extreme tiredness
  • Unexplained weight loss
  • Abdominal pain and swelling (in cases of peritoneal mesothelioma).

Other asbestos-related cancers and illnesses can also cause similar symptoms to that of mesothelioma and can sometimes spread to other parts of the body.

 

What is the duty of my employer?

As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute.

 

 Health and Safety at Work Act 1974

  • Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.

Management of Health and Safety at Work Regulations 1999

  • Duty to undertake a reasonable risk assessment (Reg. 3)
  • Requirement to undertake a health surveillance (Reg. 6)

Personal Protective Equipment at Work Regulations 1992

  • Ensure that suitable personal equipment is provided (Reg. 4)
  • Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.

Control of Substances Hazardous to Health 2002

  • Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)
  • Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)
  • Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)
 

How do I make a claim?

If you feel that you may be suffering from any of the symptoms whilst exposed to substances at work, speak to a member of our dedicated Industrial Disease team.

 

To run the majority of personal injury claims, you have to have started the claim within three years of the injury. 

 

However, with industrial disease claims it may be that the injury started over a period of time and was only diagnosed within the last three years. Our experts will be able to clarify this for you.

 

Further reading

Mesothelioma Claims– Oakwood Solicitors

Mesothelioma – nhs.uk

 

 

How do I get in touch?

Contact our team today on 0113 306 9039, or quickly and easily through our online Medical Negligence contact form.

 

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