A guide to compensation for asbestos-related diseases.

In the past few years reports of settlements relating to asbestos-induced disease have increased in frequency, and the sums of money awarded have become quite considerable. Once the possible diagnosis of an asbestos-related disease is suggested therefore, the patient wants to know whether he is eligible for compensation and the correct way of obtaining it. The purpose of this paper is to give the clinician some basic facts about compensation so that he can advise his patient correctly. It is of paramount importance, both from the clinical and the medicolegal point of view, that the term asbestosis should not be used to cover the whole spectrum of asbestos-related diseases. Asbestosis should refer solely to fibrosis of the lung. Owing to misuse of this term in the past, much misunderstanding has been caused between doctor and patient and between members of the medical profession. The manifestations of asbestos exposure (table) are well reviewed in an article by Becklake.1 Manifestations of exposure to asbestos Asbestos bodies Asbestos pleural changes Plaque formation Hyaline Calcified Pleuritic reaction (pleuritis) Pleural effusion (acute) Pleural thickening (chronic) Asbestosis (pulmonary fibrosis) The two categories of compensation-industrial injuries benefit and common law compensation-will be dealt with separately. Industrial injuries benefit Industrial injuries benefit is governed by legislation under the terms of the Social Security Act (1975).2 This Act specifies that to qualify for industrial injuries benefit the following criteria must be met: (1) The person must be suffering from a "prescribed disease." (2) The person suffering from the disease must have been employed at some time since 5 July 1948 in one of the "prescribed occupations"-that is, occupations prescribed for the disease in question. PRESCRIBED DISEASES The categories relating to disease caused by asbestos are: Pneumoconiosis-Defined as fibrosis of the lungs due to silica dust, asbestos dust, or other dust. The expression includes the condition of the lungs known as dust reticulation. Diffuse mesothelioma (disease No 44)-Defined as primary malignant neoplasm of the mesothelium of the pleura or the peritoneum. PRESCRIBED OCCUPATIONS In the case of asbestos the relevant occupations are obvious. Officially they are those where there is working or handling of asbestos or any admixture of asbestos, including the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures, and appliances for the collection …