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Interstitial Lung Disease
Respiratory Compensation

Interstitial Lung Disease
Respiratory Compensation

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Interstitial Lung Disease & Asbestos

Numerous environmental factors such as asbestos, silica dust, coal dust, cotton dust, and hard metal dusts can cause several forms of interstitial lung disease (ILD). Diseases such as lupus, rheumatoid arthritis, sarcoidosis, and other connective tissue and blood-related disorders can also cause ILD. Interstitial lung disease is sometimes caused by certain medications and infections, including pneumonia and cytomegalovirus. The form of interstitial lung disease caused by asbestos is called asbestosis. Asbestosis is also known as pulmonary fibrosis and interstitial pneumonitis.

The term interstitial pneumonitis is sometimes confusing because the name is similar to pneumonia. However, this condition is not the same as pneumonia, as it is not caused by an infection. If you have interstitial pneumonitis that was caused by asbestos exposure, your doctor will most likely refer to it by the name asbestosis.

What is Interstitial Lung Disease?

Interstitial lung disease is an inflammation of the lungs that causes severe scarring. Eventually, the small airways within your lungs, known as bronchioles, develop clusters of air sacs called alveoli. The alveoli are lined by the interstitium, which is the tissue that supports them. As the inflammation causes thickening and scarring of the interstitium, the air sacs also become thicker and they begin to lose their elasticity. Gradually, the air sacs lose more and more of their capability to put oxygen into the blood and remove carbon dioxide.

The exact mechanism that triggers this scarring process is not clearly understood by scientists. The respiratory system is generally successful in its attempts to clear foreign matter such as dust from the body, but asbestos fibres are especially difficult for the lungs to expel. When the body responds to this type of injury, the repair process often leads to excess scarring and more injury.

Interstitial lung disease from asbestos exposure can take 10 to 30 years to appear from the time of the initial exposure. The good news for people with asbestosis is that the scarring process most always ceases when asbestos exposure ceases. However, the bad news is that lung damage caused by asbestos exposure cannot be reversed, as it can only be treated to relieve symptoms.

Symptoms

The symptoms of asbestosis and other interstitial lung diseases are similar to the symptoms of other lung conditions such as COPD and asthma. Unfortunately, by the time the symptoms of asbestosis appear, too much lung damage has already occurred to cure the disease.

The following symptoms are the most common signs of interstitial lung disease:

  • Becoming short of breath
  • Increasing fatigue during exertion
  • Coughing
  • Chest pain

Some patients may experience clubbed fingers

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      Frequently Asked Questions (FAQs)

      What is an industrial disease or injury?
      Industrial diseases and injuries result from exposure to occupational hazards in the workplace over a period of time.

      These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.

      Examples of industrial diseases and injuries include the following:

      • Asbestos-related diseases such as mesothelioma or asbestosis
      • Occupational Asthma
      • Pneumoconiosis
      • Silicosis
      • Chronic obstructive pulmonary disease (COPD)
      • Dermatitis
      • Hand Arm Vibration Syndrome
      • Vibration White Finger
      • Carpal Tunnel Syndrome
      • Dupuytren's Contracture
      • Work-related Tendonitis
      • Epicondylitis (Golfer's and Tennis Elbow)
      • Carpet Fitter's or Housemaid's Knee
      Who will pay the compensation?

      It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.

      Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.

      My employer has gone out of business, can I still claim?
      Yes, this is because the claim is made against the employer's insurers rather than the employer itself.
      Will my case go to court?
      Although it is possible that your case will go to the court, only a fraction of cases ever reach this stage. Instead, it is likely that it will be in the interests of all parties concerned to settle without courtroom litigation – in fact, the courts encourage such an approach.
      How much will it cost to fund my claim?
      There are various funding options available to LPS' clients. However, it is worth bearing in mind that we offer No Win No Fee funding. This means that you make no outlays whatsoever unless you win your case – without exceptions. If your claim is successful then a portion of your compensation is set aside to cover court costs and related fees. We will always discuss this with you at the outset of your claim, so that there are no unwelcome surprises should you receive a damages award.
      What are the time limits for industrial disease claims?
      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Can I still claim state benefits?
      In many cases you can still claim state benefits even while being the recipient of industrial disease compensation. For example, those with asbestos illnesses still receive payments under the Pneumoconiosis Workers Compensation Scheme. Furthermore, a good personal injury lawyer can help you establish a personal injury trust so that you can manage your finances in the way that is most advantageous to you.
      If a family member has died as a result of an industrial disease, can we make a claim?

      It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.

      However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.

      What are the time limits for industrial disease claims?

      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Get in Touch today and let us know how we can help you 08009961807