What is Asbestos | Asbestos Related Diseases | Have you been exposed ?
National Asbestos Exposure Register | Questions for Lawyers
What is Asbestos?
Asbestos is a naturally occurring mineral which has been mined for generations. It consists of strong fibres with great durability, fire resistance and insulating properties. Asbestos fibres are 50 to 200 times thinner than a human hair and can float in the air like fine dust, invisible to the naked eye, being breathed into the lungs.
Evidence that fibrotic lung disease caused by exposure to asbestos fibres was first noted in the 19th century and became more widely recognised within the first 30 years of the 20th century.
Asbestos was called the “magic mineral” because its unique chemical composition coupled with its physical properties made it so versatile. It was suitable for use in thousands of products ranging from floor tiles to fireproof doors, from pipe insulation to brake and clutch linings. Asbestos fibres can withstand fierce heat but are so soft and flexible that they can be spun and woven as easily as cotton. The term asbestos is derived from a Greek word meaning “inextinguishable, unquenchable or inconsumable”.
Major industrial use of asbestos goes way back to the 19th century. Its versatility combined with its cheapness and readily available stocks led to several thousand uses within industries.
Widespread asbestos use was prevalent until the early 1990s.
in 2003, Australia banned the use of asbestos for domestic or commercial construction. Many other countries around the world have also banned its production and use.
ARD
Asbestos Related Diseases
Exposure to asbestos can cause a number of health-related conditions, including Pleural Plaques, Asbestosis, Mesothelioma, and Lung Cancer. Mesothelioma can occur in the lungs, the abdomen (peritoneal), around the heart and around the testicles.
Pleural plaques
Pleural plaques are the most common condition caused by past asbestos exposure. They are basically patches of thickened tissue on the surface of the lung. Symptoms may include chest pain in some people, but the condition does not necessarily lead to other asbestos diseases.
Asbestosis
Asbestosis is a chronic lung disease caused by exposure to asbestos. It causes scarring in the lungs and makes them less able to transfer oxygen.
People with asbestosis have difficulty breathing. They may often have a cough, lung damage and, in severe cases, an enlarged heart. Symptoms usually appear 10 to 20 years after exposure to asbestos dust. Treating the symptoms can help — such as treating shortness of breath with oxygen. However, the damage to the lungs caused by asbestosis is not reversible.
Asbestos related pleural disease
Asbestos related pleural disease is a process that usually begins with an inflammation of the pleura leading to fluid collecting in the space between the lung and the chest wall. This is also commonly referred to as benign asbestos related pleural effusion.
The disease normally manifests sooner after asbestos exposure than mesothelioma. Symptoms include shortness of breath and discomfort. When the pleural fluid eventually goes away, the pleura on the lung may become thickened, which can compress the lung.
Mesothelioma
Pleural Mesothelioma is an aggressive cancer caused by asbestos exposure. It is most commonly found in the pleura, the outer lining of the lung. Symptoms may include breathlessness and chest or back pain. It is a life-threatening disease. Treatment could include surgery, chemotherapy, radiotherapy or immunotherapy.
Peritoneal mesothelioma
Peritoneal mesothelioma is less common. The abdomen is lined with a similar type of tissue to the pleura called the peritoneum. Symptoms may include swelling of the abdomen due to a build-up of fluid. The disease causes discomfort and/or pain and obvious interference with abdominal functions.
Mesothelioma has a long latency period and signs of disease can develop up to 50 years after exposure.
Lung Cancer caused by Asbestos
This is often referred to as bronchogenic carcinoma. It is one of the most common complications of asbestos exposure and is a life-threatening disease. If you have been exposed to asbestos and have a smoking history, you are at an increased risk of developing lung cancer.
Lung cancer can be treated through surgery, radiotherapy, chemotherapy, and targeted therapies. There are cases of lung cancer being successfully treated, and it is important to speak to your doctor about all treatment options available to you.
HaveYouBeenExposed
Have you been exposed ?
What should I do if I’ve been exposed to asbestos dust?
Not everyone exposed develops an asbestos related disease.
Because it takes a long time (10 to 50 years) for symptoms to appear, it is important to keep a diary of how the exposure happened, with notes about the following:
- The date and address of where you were exposed.
- Details of –
- Why were you in the area where the dust was caused?
- Were you working on the premises?
- Were you employed to remove/repair asbestos?
- Were you passing by, or a by-stander?
- Did you live close to the premises where the asbestos was located?
- What was being done that caused the dust?
- Was it repair work?
- Was it removal of asbestos?
- Was it cleaning up after asbestos was repaired/removed?
- Who was there at the time?
- Exchange names and addresses with those present, for evidence of the exposure.
- Who was responsible for the activity being carried out?
- Get details of the employer who scheduled the activity.
- Try to find the name and location of the owner of the premises.
- If you were employed on the work being done, keep your pay slips, group certificates, tax returns, etc.
NAER
National Asbestos Exposure Register
Have you been exposed to Asbestos Dust? The Australian Government created the National Asbestos Exposure Register (in 2013). Records the details of Australian citizens who think they may have seen exposure to asbestos.
If you think you may have been exposed to asbestos either during your employment, at home or in the community, you can register your details by following this link and completing the form:
Managed by the Asbestos Safety and Eradication Agency is The National Asbestos Exposure Register.
The agency strongly encourages registrants to use the online registration form, but if you cannot do this, please email [email protected] to request a soft PDF form which you can fill out on your computer. You can then return the completed form to the agency by the same email address or fax to (02) 6204 2029. Alternatively, telephone 1300 326 148 to request a paper copy.
All information contained on the register is kept confidential, and details will not be released to a third party without your express consent.
To avoid duplication, the Asbestos Victims Association (SA) Inc no longer maintains its separate exposure register.
LAWYER
Questions for Lawyers
When confronted with a diagnosis of an Asbestos Related Disease, the experience can be quite overwhelming. How did you get it, when were you exposed, why were you exposed? What are my legal rights, am I entitled to compensation from those individuals or concerns that put me in harm’s way? You will need to contact a lawyer to sort out the legal matters you face. It’s a good idea to have a set of questions ready for your lawyer. You should consider the following.
Is my first appointment free?
Some lawyers provide the first appointment free. Ask about this when you make an appointment.
Is this lawyer/law firm experienced in dust/asbestos cases?
Many lawyers specialise in particular areas of law. Ask your lawyer what experience they have had with your type of problem.
Are all the lawyers experienced in dust/asbestos cases?
Find out who will actually be doing the work. Ask to be told if your case is referred to another lawyer in the firm.
What are my options?
After you have explained your problem, ask your lawyer to outline your options and how your problem can be solved. If you don’t understand something, ask the lawyer to explain. Ask if there are any ways to solve your problem without going to court.
What are my chances of success?
Ask your lawyer about your chances of success. Discuss what you consider to be a successful result. Take time to think things over.
What work will your lawyer be doing?
Ask the lawyer how the work will be done and to explain what steps are involved. Also ask your lawyer about how you will be informed of the progress of your case.
How long will it take?
Can anything be done to speed things up? Ask if there might be delays and how they can be avoided.
How much will it cost?
Cost is not the only factor in choosing a lawyer. In most cases your lawyer must advise you in writing how much the work will cost or, if that is not possible, how costs will be calculated.
When do I have to pay?
In most cases your lawyer must advise you in advance and in writing how and when you will have to pay. You are entitled to receive a detailed bill before you pay. Some lawyers will agree to wait until the matter ends before you pay them. Remember how and when you pay can always be negotiated.
No-win-no-fee
Ask if the case is run on a ‘no win, no fee basis’. If it is, ask what else you might have to pay and if you have to pay anyone else’s legal costs if you lose the case. Ask who pays for tests and additional information which needs to be researched. If so, ask if any of these need to be paid up-front.
Only sign if you are happy with all of the above. Don’t sign any agreement about fees unless you understand it and are happy with it. Tell your lawyer you want to be kept informed about costs as the case progresses.