Asbestos diseases and compensation

Our plain-English summary of Asbestos diseases and compensation, by A. Seaton (BMJ, 1990).

The study

• Author: A. Seaton
• Journal: BMJ
• Published: 1990;301(6750):453-4
• Type of article: Editorial
• Cited by: 7 articles, as counted by NIH iCite
• Read it: PubMed · Publisher · Free full text
• In J-M's library: Johns-Manville's company medical library held a copy (J-M no. 003757).

Summary of the article

This editorial discussed the compensation available to people with asbestos related disease and how doctors should advise them. The author described two routes: industrial injuries benefit from the Department of Social Security, and damages through civil litigation for employer negligence. Four diseases were recognised as industrial diseases in people occupationally exposed to asbestos: asbestosis, mesothelioma, bilateral diffuse pleural thickening, and lung cancer with asbestosis or diffuse pleural thickening. Each year about 500 people were awarded benefits for mesothelioma, 200 for asbestosis, 100 for diffuse fibrosis and 60 for lung cancer in the presence of other asbestos related disease. Pleural plaques alone were not prescribed diseases. The author noted scope for diagnostic disagreement, and in about a third of cases the medical boards' verdict differed from that of the diagnosing doctor. Litigation could bring substantial awards but often failed because negligence could not be shown in the light of knowledge at the time. The author advised doctors to ensure the diagnosis was reasonably secure and to encourage eligible patients to claim benefit. Patients considering legal action should be referred to a trade union or solicitor rather than told to sue. Patients with pleural plaques should be reassured. After death, doctors should encourage necropsy and preservation of the lungs for analysis of asbestos content.

PubMed has no abstract for this study, and the article doesn't print one. We wrote this summary from the full article with the help of AI. It is not the authors' wording.

In plain English

This 1990 BMJ editorial was not a research study. It described how people in Britain with asbestos-related disease could seek compensation. It explained two routes: industrial injuries benefit and suing a former employer for negligence. Four diseases were recognised for benefit in occupationally exposed people: asbestosis, mesothelioma, bilateral diffuse pleural thickening, and lung cancer with asbestosis or diffuse pleural thickening. The author reported yearly awards of some 500 for mesothelioma, 200 for asbestosis, 100 for diffuse fibrosis, and 60 for lung cancer in the presence of other asbestos-related disease. That last figure excluded many people already receiving benefits for asbestosis or pleural fibrosis who later developed lung cancer. Medical boards disagreed with the diagnosing doctor in about a third of cases, the author said. The author described pleural plaques alone as harmless and not a prescribed disease. The author wrote that lawsuits more commonly failed because negligence could not be shown in the light of knowledge at the time. The author advised doctors to refer patients to a trade union or solicitor rather than suggest suing, and to preserve lungs after necropsy.

We wrote this plain-English summary from the full article with the help of AI, and a second AI model checked each sentence against the article. It is not the authors' wording; the abstract and the article are their own account.

What the study did and found

• Design: editorial (commentary on compensation for asbestos-related disease in the UK); not an original study
• Who was studied: No study population; the editorial discusses people with asbestos-related disease in England, Wales and Scotland seeking industrial injuries benefit or damages, and the doctors advising them
• Exposure: Occupational asbestos exposure in general; no specific fiber types named
• Main results:
  • The author stated that four diseases were recognised as industrial diseases by the Department of Social Security in people occupationally exposed to asbestos: pneumoconiosis (asbestosis), mesothelioma, bilateral diffuse pleural thickening, and lung cancer in the presence of either asbestosis or diffuse pleural thickening
  • The author reported that each year some 500 people were awarded benefits for mesothelioma, 200 for asbestosis, 100 for diffuse fibrosis, and 60 for lung cancer in the presence of other asbestos-related disease
  • The author stated that the figure of 60 for lung cancer excluded many people already receiving benefits for asbestosis or pleural fibrosis who subsequently developed lung cancer
  • According to the author, the medical boards' verdict differed from that of the diagnosing doctor in about a third of cases
  • The author described pleural plaques alone as harmless and non-disabling, and stated that they were not prescribed diseases
  • The author wrote that civil claims more commonly failed because employer negligence could not be shown in the light of knowledge at the time
  • The author stated that mesothelioma was not known to be a hazard of asbestos exposure until 1960, which may hinder proving negligence
  • The author recommended that lungs be preserved after necropsy in case of litigation, because analysis of their asbestos content may indicate past exposure
• The authors' conclusion: The author concluded that a doctor should advise the patient to consult a trade union or solicitor, and offer medical support for any claim, rather than suggest the patient sue

Topics

The National Library of Medicine indexes this study under subjects our site covers: Asbestosis.

Medical terms in this study, explained in our Lexicon: Damages, Negligence, Mesothelioma, Bilateral, Diffuse Pleural Thickening, Lung Cancer, Fibrosis, Pleural Plaques.

Related studies

• A guide to compensation for asbestos-related diseases — M.G. Britton, D.T. Hughes, et al. (1981)
• Compensation for asbestos-related diseases--the U.K. model — M. Britton (1989)
• Asbestos diseases and compensation — L. Arblaster, P. Hatton, et al. (1990)
• Lump sum compensation for asbestos related lung disease — T. Williams, P. Slade, et al. (1998)
• Asbestos diseases and compensation — D.H. Yates (1990)
• Workers' compensation for nonmalignant asbestos-related lung disease — C. Nevitt, W. Daniell, et al. (1994)

Browse more research in BMJ, or return to medical research.