Lung cancer is one of the most common forms of cancer. It is caused by a variety of factors, one of these being exposure to asbestos.
Exposure to asbestos over a long period of time causes a range of health problems which include asbestosis, mesothelioma, pleural thickening and lung cancer. Asbestosis is discussed in a separate section.
Lung cancer: asbestosis or cigarette smoking?
What is important to bear in mind is that there are no obvious differences between lung cancer caused by smoking and lung cancer caused by asbestos.
So if you have been a smoker and have worked in an environment where asbestos was present then it may be difficult to prove that your cancer has been caused by asbestos. Smoking may be the cause of your lung cancer rather than asbestos.
Being diagnosed with lung cancer is devastating and has consequences for you and your family. It can affect your quality of life to the extent that you have to stop working, move to a new property or require specialist care and support –all of which cost time and money.
Lung cancer also causes mental and emotional distress.
Lung cancer prognosis
Survival rates are low for lung cancer. Only 10% of sufferers are ‘cured’, but, due to advances in treatment it is possible to extend life for several years.
(Source: NHS Choices: Conditions: Asbestosis)
Employer duty of care
An employer owes a duty of care towards you whatever the type of job. This means that they are legally bound to protect you from exposure to toxic or dangerous substances such as asbestos.
But if they fail to do so or provide you with inadequate protection then you may be able to claim compensation. This also applies if you have developed lung cancer as a result of handling or being in contact with asbestos.
Making a claim for compensation for lung cancer
Find a personal injury lawyer or solicitor who has knowledge and understanding of the issues involved in these types of cases. They should also have expertise in handling specialist types of claims such as asbestos related illnesses and will sympathetic to your needs.
The lawyer or solicitor will gather evidence on your behalf; speak to former work colleagues and independent witnesses who may be able to support you in your claim.
They may also contact an independent industrial safety specialist who has experience in the fields of asbestos and safety regulations. He or she will be able to provide information about these in a neutral manner.
For more information about the claims process in general, visit our making a claim for compensation section.
Time limit for claiming compensation for lung cancer
There is a time limit of 3 years for making a compensation claim. However, this differs in certain types of claims which include those for asbestos related diseases.
The reason for that is that a period of several years could have elapsed before you developed lung cancer. This may as long as 15 to 20 years.
Your personal injury solicitor or lawyer will explain this and any other aspect of your claim with you. The time limit may be determined as the date of confirmation of your diagnosis of lung cancer.
Personal Injury Guide
- Guide to Personal Injury
- What is personal injury?
- Types of personal injury
- Accident or negligence?
- Decisions about personal injury
- Complaint about personal injury
- Making a claim for compensation
- Personal injury claim process
- Taking legal action
- Personal injury lawyer
- Choosing a solicitor
- Legal costs for a personal injury
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- Compensation payout
- Using a claims assessor
- Criminal injuries compensation authority
- Criminal compensation order
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- Financial problems from personal injury
- Support and counselling for personal injury
- What is compensation culture?
- Personal injury fact and fiction
- Personal injury FAQs
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