Asbestos was completely banned as a building material in the UK in 1999. This means that any building which was constructed after this date must not contain asbestos. Asbestos has been banned as a building material for over a decade due to the dangers it posed to individuals working with it in the building trade. Asbestos related industrial diseases include:-
– Lung cancer
– Asbestosis (scarring of the lung tissue)
– Non-malignant pleural disease
– Mesothelioma (cancer largely effecting the lungs)
As asbestos was banned in 1999 buildings which were constructed before this date may contain asbestos and that builders may come into contact with asbestos at some point in their building career due to this presence. If builders do encounter asbestos, work with the material must mostly be done by specialist contractors who hold an asbestos licence. Materials containing asbestos differ in the amount of danger they pose to workers. Employers have a legal duty to explain the location and condition of the asbestos in a building to workers who are going to be contracted to work on it. If they do not provide individuals with this information they may be putting individuals in danger of coming into contact with asbestos and asbestos dust.
All builders should have been through an asbestos training course. This is a legal requirement of the government’s Health and Safety Executive due to the danger that asbestos can pose to a worker. Training should also be provided so that workers understand how to deal with materials containing asbestos that they may encounter in their day-to-day work. Individuals working on buildings containing asbestos must have been taught that a normal dust mask does not protect against asbestos dust and must know which type of mask they should use to be safe. If you have not been provided with the proper asbestos training by your employer and you develop an asbestos related disease you may have grounds to make a successful industrial disease compensation claim.
Who Can Claim?
Unfortunately, self-employed workers cannot make claims for industrial disease compensation.
If you are not self-employed and have developed an asbestos related industrial disease after having worked with asbestos before it was banned, you may be able to make a claim. If are not self-employed and you have developed an asbestos related industrial disease after having worked with asbestos after it was banned in 1999, you may also be able to make a claim. You will need to discuss the matter with a specialist 1st Claims industrial disease lawyer to find out if your claim is viable.